$100,000 Piece Of Land Being Held Hostage By Neighbor
Texas, I am attempting to purchase 3 acres in Texas for $130,000 and want to develop it. It will be worth roughly $550,000-$600,000 when I am done. The problem is the person who I am buying it from never got a re-plat done when he bought it 20 years ago. In order to build anything on this property it needs a permit. The city will not grant a permit unless it has been re-plated.
The original seller, we will call him Charles. Sold this 3 acres to a man named James 20 years ago. It is a law that land is cut out of an already platted subdivision and must be replated to be sold. This was never done. And Charles received $100,000 for the land but did not sign a re-plat.
James has asked him numerous times to sign and Charles refuses because he does not want any houses built around his. Charles is essentially holding the land hostage. He has control over it without owning it.
I want to get a judge to sign something saying we can go around Charles. Or I can litigate the matter, as it is worth it if I can develop the property. I offered some attorneys in my area 10% of gross proceeds (55-60k) from the developed land if they would represent me and we win.
Does anyone have any insight into this matter?
Here is the law that Charles is breaking, now sure if that helps at all.
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.232.htm#232.040
Sec. 232.040. REPLATTING. (a) A subdivision plat must accurately reflect the subdivision as it develops. If there is any change, either by the intentional act of the subdivider or by the forces of nature, including changes in the size or dimension of lots or the direction or condition of the roads, a plat must be revised in accordance with Section 232.041.
(b) Except as provided by Subsection (c), a lot in a subdivision may not be sold if the lot lacks water and sewer services as required by this subchapter unless the lot is platted or replatted as required by this subchapter. A subdivider or agent of a subdivider may not transfer a lot through an executory contract or other similar conveyance to evade the requirements of this subchapter. The prohibition in this subsection includes the sale of a lot:
(1) by a subdivider who regains possession of a lot previously exempt under Subsection (c) through the exercise of a remedy described in Section 5.064, Property Code; or
(2) for which it is shown at a proceeding brought in the district court in which the property is located that the sale of a lot otherwise exempt under Subsection (c) was made for the purpose of evading the requirements of this subchapter.
(c) Subsection (b) does not apply if a seller other than a subdivider or agent of a subdivider resides on the lot.
(d) The attorney general or a district or county attorney with jurisdiction may bring a proceeding under Subsection (b).
(e) Existing utility services to a subdivision that must be platted or replatted under this section may not be terminated under Section 232.029 or 232.0291.
Sec. 232.037. ENFORCEMENT. (a) The attorney general, or the district attorney, criminal district attorney, county attorney with felony responsibilities, or county attorney of the county may take any action necessary in a court of competent jurisdiction on behalf of the state or on behalf of residents to:
4) require platting or replatting under Section 232.040.
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