Legal Question in Real Estate Law in Arkansas
Do I have a basis for a lawsuit here?
We just purchased this home in April. A major selling point of the property was the fact that it was at the end of a dead-end street, giving us privacy and safety for our small children. The day we began moving in we were informed by our new neighbors that a new housing development is going up in the field behind our house and that the dead-end will soon be turned into a through street, bringing more traffic through the area and imposing on our privacy and the safety of the neighborhood (the area is full of children who play outside). Now we have learned that our driveway and front yard are about to be torn up to extend the water pipelines to the new subdivision (maybe tomorrow!). No one has spoken to us about this damage or any sort of reimbursement, and I really feel as though the realtors in the deal should have disclosed that fact that all of this was about to take place. We moved here from out of state, and I feel like we were taken advantage of since we didn't know about the new development which had been causing such a fuss in the neighborhood. I think the realtors definately new of the impending destruction of our driveway and private dead-end road, but failed to disclose the info. Can I sue, and whom should I begin with?
1 Answer from Attorneys
Re: Do I have a basis for a lawsuit here?
The short answer is you can most likely sue. To tell you your chances of winning, I would have to talk to you and get more information. Who was aware of your desire for privacy and safety for your children, and that the dead-end street was important to you? When did they know? Do you have anything in writing describing the house, area, etc. as a private, dead-end street? When did they know the new street was going to go through?
Who to sue depends on who all knew of what you wanted and what was going to happen?
If there is damage and/or loss of property due to the city digging and working in your yard, the city (or whoever is doing this work) would be the ones that owe you, or have a duty to fix any damage they cause. The city can take part of your property in a situation like this, but if they do, they are likely going to have to pay you for it.
If you would like to discuss this further, you are welcome to call me.
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