Real Estate Litigation

Lack of easement sparks dispute between condos

A condo association in Ponte Vedra has accused a builder of not providing an easement that the two sides had previously agreed upon. The condo association is called The Innlet at Ponte Vedra Beach Condominium Association, and it is pursing legal action against a builder known as Dream Finders Homes.

Dream Finders is in the process of building another community, which is called The Palms at Old Ponte Vedra. According to the lawsuit, the company agreed to create an easement between The Palms and The Innlet. It was supposed to be 10 feet wide, blocked off with a brick wall. Essentially, it would be a 10-foot area on the property of The Palms, with the brick wall on one side and The Innlet’s property line on the other. That space would then be used by both.

Those at the Innlet had asked for that concession before work began, and they say it was granted. However, a pond was then put in at the beginning of the development process. It cut too far into that area, the lawsuit says, eliminating the 10-foot easement.

The lawsuit says that it wasn’t a mistake, but that the builders just ignored that stipulation entirely, even though the other side held up their end of the deal. Residents who live there are also frustrated, saying the lack of a barrier takes away from their property values and the beauty of the area.

Disputes like this can have huge ramifications when looking at budgeting, project costs, time frames to complete the projects and much more. It’s crucial for all parties to know their legal rights and the options they have before them.

Source: The St. Augustine Record, “Ponte Vedra condo association sues Dream Finders over buffer agreement,” Stuart Korfhage, April 27, 2017

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