Legal Question in Real Estate Law in North Carolina

Damage to Lot / Liability / Rights of Owner

I purchased a lot and the deed is legally recorded and filed under my name. The developer attempted to sell the same lot to a local builder, and the developer or builder has partially cleared my lot. The damage can only be estimated because material cleared off the lot is no longer physically present. I feel I have a legal right to some financial settlement but don't know what the law provides in this type of case. I am consulting with a local attorney on this but they seem reluctant to approach any financial settlement with the guilty parties. Do I have any right to any financial settlement and if so what guidelines can I follow to determine an appropriate amount?

Asked on 4/07/99, 4:37 pm

1 Answer from Attorneys

Jeffery Hess Hawkins-Smith

Re: Damage to Lot / Liability / Rights of Owner

You don't say what kind of clearing was done. Nor do you say what kind of materials were removed. If the property was improved by the clearing and removal and the material had no value you could be looking at paying the person who did the work even if they were trespassing. Be careful, an honest mistake like that, if it was, could be a profit to you.

Jeffery Hess


3309 Chuckwagon

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Answered on 4/10/99, 6:08 pm

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