Developer Dug Out Lot Next To Mine, And Now I Live On A Clifftop
Location: Massachusetts, USA
I live on a steep and rocky hillside, and my house is built right onto the bedrock with driveway/street access on the uphill side. A developer bought the lot next to mine, and he dug down and flattened the lot to be even with the road below (that was a month of industrial-grade jackhammering right outside my window, loved it). The lots are small and densely packed, so this means my house is now perched right on the edge of a 40-foot cliff. Honestly, it's like a cartoon.
One other important note is that our patio goes about 1 foot into their property, at the clifftop, and we have an easement for that. We have a waist-high fence along the edge of the patio, installed before Cliffication. Technically this fence would be on their land, for which we have an easement.
Someone could easily trespass onto our property, scale our mostly-decorative fence, and access the cliff. It's not the most direct way there but they could do it. Are we responsible for preventing that? Like attractive nuisance / swimming pool rules? Does it matter that the developer created the cliff? Does it matter that the fence is on their property / our easement?
I believe the prospective buyers have had a geologist look at the cliff to be sure it's stable. I'd love to get a look at that report, just for my own awareness. Do I have any legal basis to request that?
I have no reason to be concerned about my home's structural stability, as I said, the foundation is poured directly onto the bedrock and there's been no shifting or anything through construction. But let's say we had issues ten years down the line. Is there anything I should get in place now?
Is there anything else I should be aware of? We have a fresh baby in the house so we've been putting off figuring this out, finally getting around to it now that the new house is on the market. The whole thing has been a pain - the developer was a real aggressive piece of work, and my kids can no longer play outside unsupervised because of the cliff. It's disappointing all around
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