Third party interference in purchasing neighboring property

[Debanair Duck]

Jurisdiction

Georgia

My family has resided on the same pecan farm in Georgia since 1969, I have been fortunate enough to have the same good neighbors since my birth, and we have remained on good terms with them throughout my life. A decade ago I had to come home from college, care for my ailing family, and take over the farm. Since then, it was always my family's intention to purchase the undeveloped neighboring land across the street from our farm to expand our farm operations, secure my family's legacy in our community, and protect my family's privacy.

Recently, an individual unjustifiably took the initiative to interfere in our ability and opportunity to purchase the desired neighboring property. Attempts to contact the property owner were intercepted, and a real estate agent was asked to prevent us from discovering the availability of the property. He was not the property owner, nor is he related to the property owner in any way, shape, or fashion. He actively took steps to prevent us from knowing the property owner was in bad health, used slander to acquire favor with a relative of the property owner, and then without state licensing or backing from a licensed broker, this individual assumed all the duties and responsibilities normally reserved by law for real estate brokers. Furthermore, he showed the property, brokered the sale, took part in negotiations, redirected prospective buyers, filtered those buyers, and greatly benefited from the sale of the property in a quantifiable manner.

Using his access to privileged information, and by ignoring unfavorable inquiries, the individual insured one of his associates would be the sole prospect to submit a bid for the property and successfully purchase it. Within one year, all the property was developed into private homes for his associate and their cohorts. Before even clearing the property for construction, his associate had begun a targeted campaign of harassment and intimidation of my family and myself in an effort to drive us out of the community.

We have tried to contact numerous lawyers about the manner, but regardless of being well documented, have been unsuccessful in our attempts. Either the attorney is overloaded with cases, we are representing the situation incorrectly, or some other environmental variable is taking place. Regardless, there are only a handful of good attorneys that specialize in the area of law we need counsel in. Damages have been incurred at a great expense to my family and I, and the party responsible was acting out of negligence or malice.

Our options are very few at this point, and it seems the only path towards justice and compensation for damages is through filing suit. We are currently attempting to contact the relatives of the previous property owner, our old neighbor, in an effort to inquire more information concerning certain aspects of the sale of the property. We are also restarting our attempts to acquire legal counsel regarding options and steps needed to resolve the matter.

Any thoughts, suggestions, inquires, or advice would be greatly appreciated.

 

[adjusterjack]

Here's the answer I gave you on another site.

Sorry, you're not going to like this, but the reason you can't get an attorney is because you probably don't have a case. You could have looked up the property owner's name and address on the county records, contacted him, asked how much he wanted for the property and if the price was agreeable, approached him with an earnest money check and a contract. And you could have done that long before this other person came on the scene.

You did none of that. The other guy just ran rings around you and was successful in getting the property. Nothing he did appears actionable. You were just outfoxed, and he got the property.

It might be quite another matter if you had been in contract, and he used dirty tricks to put the kibosh on it during the escrow period. That could be actionable. But since you weren't in contract there was nothing to interfere with.

Talk to as many lawyers as you want to, and I think you'll get the same answers.

As for all those attorneys you "talked to" did you ever go into their office and write them a check for their hourly rate so they could adequately review your situation and properly advise you? That's how you get an attorney, you go in and hand him money.

Now, exactly how has he been "harassing and intimidating" you and your family. Be specific, in case there might be something there.

 

[welkin]

One aspect of your story that is not mentioned is how did this individual get approval to build these homes? You reside on a pecan farm and across the street is a residential development. What development zone is each property in?

A housing development doesn't get built without hearings on the proposed development, subdivision approvals, possible zone changes, etc. and that all takes a lot of time.

Where were you while it was happening and what do you think your damages are?

 

[stealthy1]

None of this happened overnight. What were you doing in the meantime?

 

[Debanair Duck]

One aspect of your story that is not mentioned is how did this individual get approval to build these homes? You reside on a pecan farm and across the street is a residential development. What development zone is each property in?

A housing development doesn't get built without hearings on the proposed development, subdivision approvals, possible zone changes, etc. and that all takes a lot of time.

Where were you while it was happening and what do you think your damages are?

@adjusterjack Are you allowed to double dip forums? Just picking at ya.

We are zoned Agriculture Residential, and code enforcement is not enforcing the code. We are currently at odds, and she is refusing to acknowledge there is anything wrong. I even called the state in on it, and she basically is saying I am wrong. This is another reason to get a lawyer, is because of her numerous acts of negligence. They all attend the same church and are buddy buddy with each other.

I mean, in my honest opinion, it comes close to a form of racketeering. A group of individuals invested in conservation of effort to hurt an individual out of malice. Because they believe they are justified to do so, because I opposed this sixty acre power plant.

What it is really about at this point is power and control, and who controls the neighborhood. Who controls what other's say and do. I bucked the chief, so I get thrown out of the community. Regardless of existing here decades before him. The form of thug justice we are faced with really raises a brow of suspicion that something else is going on here.

 

[Debanair Duck]

I literally could go on about it all night, and am just going over the highlights. We really are facing being forced off the farm. About as close as you can get in today's world.

When my house was swatted, this guy was going for the throat, and trying to get me jailed. Which would have really ruined things for me. They practically did, because I had just applied to be a state patrol officer. I would not have passed the background report being swatted so recently.

I can't raise a family in a neighborhood where your neighbors spit at you and curse you out for no reason. And yes, that has happened.

There is a fair amount of libel or defamation occurring, I just have no concrete evidence where it is coming from.

 

[welkin]

You still have not said if the procedures to subdivide land and propose a development in your jurisdiction were followed or not. Have you read your local zoning and development ordinances?

If they were not followed you should consult with a land use attorney that is not from your county.

 

[Debanair Duck]

I do not live in front of a "subdivision", Two neighbors cleared out the four acres of land that faces my property. What happened was Mr. ST encroached on the property behind his within the first week of clearing land. In order to settle the encroachment, he began to perform a land swap with the owner of that land, and brokered a deal for his father-in-law to purchase the remainder. So, by encroachment, he doubled his hold. The only contact information available for that parcel of land is a dead mailbox, so he acquired the contact information so other means I have no access to.

According to what the code enforcement officer said they are legal to build if it is under 1 acre of land, I showed her how they cleared more than that, and she says that I am wrong. Using an industrial shredder to shred up the forest is not considered "clearing" according to her.

Everytime, I have asked the code enforcement officer for a copy of the codes, she has refused to send them, they are not online, and she claims they are not for public viewing.

-----

No offense, but it is easy to be skeptical of my actions, but it is all that I can do. I am after all one man, who has to care for his elderly mother, work the farm during the day, and work towards a brighter future in program development at night. It is all I can do to keep the farm alive, and now it appears all for nothing. I have no help, no assistance, and no one to talk to about these matters. I am not married, and my mother is for all general purposes the only family I have left alive. Likewise, I am completely on my own.

 

[OldSurveyor]

In my humble opinion, the best advice you have been given so far is to get an attorney outside of your county. Maybe way outside.

Offer to pay for several hours of consultation up front. You need an attorney and you can get one.

The next advice I would give would be to visit the pastor of the church where all of your enemies reside, and ask why you have been selected for the treatment you have described. Costs you nothing and might put some on the hot seat. Or reveal new information. Unlikely to make things worse.

 

[Debanair Duck]

I still have problems understanding how it could be legal to interfere in one's business relationship with another, with property that is on the market today, solely because that individual did not approach the owner with a contract and earnest money for the property in the past when that person was under the understanding the property was not for sale, because it was being leased out to hunters.

How am I at fault for not making a move on a property, when I was under the understanding there was nothing to make a move on? How am I at fault for not possessing knowledge of something that is not commonly knowledgable?

 

[Debanair Duck]

In my humble opinion, the best advice you have been given so far is to get an attorney outside of your county. Maybe way outside.

Offer to pay for several hours of consultation up front. You need an attorney and you can get one.

The nearest city is an hour drive away, and this has been where I have been concentrating most of my requests for legal assistance from. According to the state bar association, I am within this city's region, and not the state capital, which is the largest city in the state. So maybe I will look there.

The next advice I would give would be to visit the pastor of the church where all of your enemies reside, and ask why you have been selected for the treatment you have described. Costs you nothing and might put some on the hot seat. Or reveal new information. Unlikely to make things worse..

Hmmm... I doubt I will get anything out of ---------..or that he would be aware of anything. Having attended seminary, and do still carry some clout in the religious community.

Then I can always write another piece in the paper...

(Edited by moderator to remove person's name.)

 

[Zigner]

I still have problems understanding how it could be legal to interfere in one's business relationship with another...

This is moot, as there was no business relationship to interfere with.

 

[welkin]

Everytime, I have asked the code enforcement officer for a copy of the codes, she has refused to send them, they are not online, and she claims they are not for public viewing.

I first want to say that I am not being judgmental about what you did or didn't do but rather want to understand how what you say happened happened because every state has statutes that govern the powers of local jurisdiction in zoning and development of land. Georgia is no different. The local jurisdiction must pass ordinance that comply with the state statutes.

This link will take you to a compilation of the Georgia state statutes that impact zoning and development..
Governing Statutes, Regulations, and Guidance | Georgia Department of Community Affairs

These statutes are enforced by the Georgia Dept. of Community Affairs. You can contact them when a local jurisdiction is in violation of their own ordinances.

For a code enforcement official to say that the codes are not for public viewing is by far one of the most ridiculous statements. Everything (with the exception of personal and litigation matters) is up for public scrutiny. She is saying that you can't see the laws that she enforces.

Follow this link to the Georgia Attorney General's website.
The Law

There you will find the Acts and Statutes that govern what you are allowed to see and how to get them.

If where you live is governed by a county or a municipality or a city, the ordinance are most likely available online in today's world. If you want to post the jurisdiction we can find them for you. If you don't then perhaps message me with it.

 

[Debanair Duck]

This is moot, as there was no business relationship to interfere with.

Just to restate so I can understand:

So you are telling me, the numerous written attempts to contact the neighbor I have known my entire life regarding purchasing his property does not qualify as a form of business communication. Thus, it is completely lawful to interfere with said communications in order to unjustly profit in a fiscally quantitative manner?

According to Ga Code 43-40-1:
A "Purchaser" means a person who acquired or attempts to acquire or succeeds to an interest in land.

AND

A "Broker" means any person who, for another, and who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another:

1. Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon.
2. Holds himself or herself out as a referral agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate;
3. Provides or attempts to provide to any party to a real estate transaction consulting services designed to assist the party in the negotiations or procurement of prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or
4. Advertises or holds himself or herself out as engaged in any of the foregoing.

And is not bound by any of the obligations and responsibilities put forth in Ga Code 10-6a-5, primarily to act within the best interests of the client?

FYI: Ga Code 10-6a-4 states: The payment or promise of payment of compensation to a broker by a seller, landlord, buyer, or tenant shall not determine whether a brokerage relationship has been created between any broker and a seller, landlord, buyer, or tenant.

So, basically you are telling me they can walk all over me and cheat me out of an opportunity to purchase the land I have wanted for most of my adult life, because I didn't have some pre-established contract? When the opportunity wasn't present to establish said contract and the "broker" didn't have one either?

I first want to say that I am not being judgmental about what you did or didn't do but rather want to understand how what you say happened happened because every state has statutes that govern the powers of local jurisdiction in zoning and development of land. Georgia is no different. The local jurisdiction must pass ordinance that comply with the state statutes.

This link will take you to a compilation of the Georgia state statutes that impact zoning and development..
Governing Statutes, Regulations, and Guidance | Georgia Department of Community Affairs

These statutes are enforced by the Georgia Dept. of Community Affairs. You can contact them when a local jurisdiction is in violation of their own ordinances.

For a code enforcement official to say that the codes are not for public viewing is by far one of the most ridiculous statements. Everything (with the exception of personal and litigation matters) is up for public scrutiny. She is saying that you can't see the laws that she enforces.

Follow this link to the Georgia Attorney General's website.
The Law

There you will find the Acts and Statutes that govern what you are allowed to see and how to get them.

If where you live is governed by a county or a municipality or a city, the ordinance are most likely available online in today's world. If you want to post the jurisdiction we can find them for you. If you don't then perhaps message me with it.

We are zoned A.R. Agricultural / Residential and there were no zoning regulations preventing the construction of residential houses.

Because of the amount of land they cleared and the magnanimous amount of excavation work performed on the property, my concerns and complaints were focused on those events. I have seen in Northern Georgia where people flatten the top of a mountain to build a home, but this was unlike anything I had seen before. An entire hillside was carved out and flipped on top of itself. The hillside possessed rock reinforced terraces that had to have been there since the mid 1800s. Which were busted up and completely demolished. There were extremely unique and rare rock outcroppings in the area, that undoubtedly were visited by Native American tribes. Which were laid to rubble.

When I complained to code enforcement about living practically next to an open pit mine, I was informed that as long as the clearing was under an acre, it was completely legal. When I informed her it was well over an acre, she said I was wrong. I got the department of natural resources involved, but the code enforcement officer has final say according to state law.

All of this went on the opposite side of the hill from my place, I was able to view it previously, because of an easement I had permission and access to use. Then one day the sheriff showed up, cursed me out, and told me I was not even to look over in that direction again. This was only six months after the sheriff's office raided my house, without a warrant, out of falsified allegations that I was abusing the only living and closest relative I have left. So things were relatively hot.

When all of that settled down, the code enforcement officer declared the property was "settled" and nothing more could be done about it.

By the time the second house started to go up, I knew I wasn't going to get anywhere, and I was tired of fighting.

 

[Zigner]

Just to restate so I can understand:

So you are telling me, the numerous written attempts to contact the neighbor I have known my entire life regarding purchasing his property does not qualify as a form of business communication. Thus, it is completely lawful to interfere with said communications in order to unjustly profit in a fiscally quantitative manner?

You were not in any sort of contractual relationship, nor were your unilateral communications indicative of any current or future business relationship.

 

[Redemptionman]

Here is my take on it, you don't have a case like others have stated. The person doesn't have to be a broker or an agent to get this deal done. I am sure they have access to them to get the papers signed. What you are talking about is no different than any other municipality and/ or city county operation. How many city council members, mayors, officials of the county are salivating at all those taxes and pay increases they are going to receive. You need to deal with things you can control like trespassing signs on your own property and right a ways.

I apologize that you didn't get to purchase the land you had so desired but a case of any kind in this manner will do nothing but cost you money. These type of civil cases come down to who has the most money to spend in litigation. I am thinking that you do not since as you said you are a small farm. You are best served to move on and maintain your normal operations.

 

[Debanair Duck]

You were not in any sort of contractual relationship, nor were your unilateral communications indicative of any current or future business relationship.

Not so, because it would undermine the need for legal establishment of "broker" as a distinct profession separate from other forms of salesmen that facilitate a similar role in the marketplace, and the requirement of those practicing such profession to be licensed. Effectively, if that were true, it would grant more benefit for a person to be unlicensed brokering property, disincentivise licensing altogether, and might make hiring an unlicensed individual more appealing to consumers as well.

Basically, since the MD knowingly advertised himself to be a broker without a license, facilitated the functions and duties restricted by law to brokers, and consumed all the benefits of being a broker without a license. Then, he should also be bound by all the responsibilities, obligations, and consequences of being a broker. Thus, any failure in fiduciary responsibility, he should be liable for.

In laymen terms, you can't have your cake and eat it too. Brokering real estate without a license should not allow someone to skirt obligations to the law that would normally bind a licensed broker.

 

[Zigner]

Not so, because it would undermine the need for legal establishment of "broker" as a distinct profession separate from other forms of salesmen that facilitate a similar role in the marketplace, and the requirement of those practicing such profession to be licensed. Effectively, if that were true, it would grant more benefit for a person to be unlicensed brokering property, disincentivise licensing altogether, and might make hiring an unlicensed individual more appealing to consumers as well.

Basically, since the MD knowingly advertised himself to be a broker without a license, facilitated the functions and duties restricted by law to brokers, and consumed all the benefits of being a broker without a license. Then, he should also be bound by all the responsibilities, obligations, and consequences of being a broker. Thus, any failure in fiduciary responsibility, he should be liable for.

In laymen terms, you can't have your cake and eat it too. Brokering real estate without a license should not allow someone to skirt obligations to the law that would normally bind a licensed broker.

In layman's terms: A unilateral desire to do business with someone does not a business (or contractual) relationship make.

 

[Redemptionman]

Not so, because it would undermine the need for legal establishment of "broker" as a distinct profession separate from other forms of salesmen that facilitate a similar role in the marketplace, and the requirement of those practicing such profession to be licensed. Effectively, if that were true, it would grant more benefit for a person to be unlicensed brokering property, disincentivise licensing altogether, and might make hiring an unlicensed individual more appealing to consumers as well.

Basically, since the MD knowingly advertised himself to be a broker without a license, facilitated the functions and duties restricted by law to brokers, and consumed all the benefits of being a broker without a license. Then, he should also be bound by all the responsibilities, obligations, and consequences of being a broker. Thus, any failure in fiduciary responsibility, he should be liable for.

In laymen terms, you can't have your cake and eat it too. Brokering real estate without a license should not allow someone to skirt obligations to the law that would normally bind a licensed broker.

So, is his name on the contract? did he/ she draft the contract? or did they have a licensed broker do that for them?

I doubt this person is as stupid as you think they are, and if so then they probably have everything in their spouses name and plays the LLC of the week game. Follow up with your local contractor broad and see if they have any complaints against this person and their company. If this person has developed multiple areas as a contractor then I am sure he/ she knows what they are doing. Again, I know you are upset about not being able to purchase the land but your efforts would be better spent elsewhere.

Good Luck with it.

 

[Tax Counsel]

Just to restate so I can understand:

So you are telling me, the numerous written attempts to contact the neighbor I have known my entire life regarding purchasing his property does not qualify as a form of business communication. Thus, it is completely lawful to interfere with said communications in order to unjustly profit in a fiscally quantitative manner?

The owner was not in any way obligated to respond to your requests, and that failure would generally mean that the owner has rejected any offer you made. He may have just not been ready to sell before. Did you not try offering a contract for you to have a right of first refusal whenever the owner did decide to sell? You'd have had to pay something for that option but if you had that option you'd be in a much better position now.

So, basically you are telling me they can walk all over me and cheat me out of an opportunity to purchase the land I have wanted for most of my adult life, because I didn't have some pre-established contract? When the opportunity wasn't present to establish said contract and the "broker" didn't have one either?

I understand you are upset at possibly losing this property. But without something like the option to buy that I described before, the owner was not obligated to deal with you and could deal with this other buyer instead. If the guy contacting the owner was claiming to be a broker when he wasn't that may get him in trouble with the state but likely would not be a reason for a third party to come in and invalidate the deal. If the owner and buyer are satisfied with it, you may find that you have no standing to object to it now.

It may have been different if you had been in active negotiations with owner to buy the land (and not just sending letters that get no response) at the time the other guy showed up as in that case there might be grounds for a tort known as tortious interference with contractual relations. I think you really need a real estate lawyer to review everything and tell you what options, if any, you have now. There is no substitute for reading the actual deed record and probate record and any other related documents and I don't have those to look at.