Move It

 By Jennifer Felten

A developer in Rhode Island should have taken the old adage, “measure twice, cut once,” more seriously when he built a home in Rhode Island back in 2009. This is because the three-story waterfront house valued at $1,800,000 he built was actually built on his neighbor’s property. Apparently as the result of a faulty survey, the misplaced home was actually built on a public preserve owned by the Rose Nulman Park Foundation.

The mistake was discovered in 2011 when the developer attempted to sell the property. This month, the Rhode Island Supreme Court ruled that the home must be moved off park property. The developer has obtained the approvals to move the house accordingly and anticipates the cost of the move to be approximately $300,000.  

Notwithstanding this ruling, the legal fight is not over as the environmental advocacy group, Save the Bay, has filed a lawsuit seeking to block the move, saying it would have a negative impact on the sensitive coastal area.

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feltonJennifer Felten, Esq., Partner, Hershorin & Henry, LLP, www.hhlawgroup.com, 699 Hampshire Road, Suite 105, Westlake Village, CA 91361, (805) 265-1031, [email protected].  Ms. Felten specializes in representing both individuals and legal entities, providing representation and guidance on a variety of real estate related matters.

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