Expert: Sue Bernstein - 4/14/2006

Question
we move into a new condo community (each unit is a single house) in 11/2004. our backyard is fenced from a busy street. today we found out a project to expand this street from 2 to 4 lanes and it started since 1997! (major change to happen this year). the change will pushed the traffic a lot closer to the house and already several big trees were cut down out side the fence for the right of way. there was no communication from the builder/developer about this plan and it will do absolute damage to our property value. what can we do at this point? can we seek any accountibility from the developers for the damages?

Answer
It all depends on whether the builder knew about the expansion.  If the builder knew and did not disclose it to you you might have recourse.  I would find it hard to believe the builder did not know if the expansion started in 1997.  You might want to take your contracts and all disclosures you received and have an attorney review and advise you from there.

Good luck,

Sue Bernstein