Legal Question in Criminal Law in Massachusetts
I own a flood-damaged property that I am trying to sell and have a buyer under contract for. This buyer intends to tear down the existing house and rebuild on the existing foundation footprint. In surveying the property, I found out that a small piece of my foundation is actually on the abuttor's property. I have two options. Negotiate an arrangement with the abuttor to secure the necessary footage (appx. 120sq. ft.) via quit claim deed via gift or monetary exchange, or, gain necessary Town approval to move the existing foundation back onto my land during the reconstruction process. In approaching the abutter re: option #1, he stated that the price for appx. 120 sq. ft. of land (whose accessed value is appx. $1000) would be $30,000. If I paid him, he would cooperate fully with my rebuilding plans, if not, he would fight "tooth and nail" to ensure my the Town did not approve my plan to relocate the foundation back onto my land and issue permits required to rebuild my house, in effect blocking my efforts to sell my property. Is this attempted extortion in Massachusetts?
1 Answer from Attorneys
Not really-if he dosent want to be reasonable go with option 2-through the town.
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