In real estate law, is the use of “benefitted owner” a subjectiveterm and open to interpretation?

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In real estate law, is the use of “benefitted owner” a subjectiveterm and open to interpretation?

Private subdvision on gravel road wants to pave road at cost of $8,000 per landowner. Claims the majority of homeowners can obligate all. Contract states “benefited landowners”. I see no benefit to us but many adverse effects of this action therefore I don’t us as benefited landowners. Do I have any grounds to appeal this?

Asked on July 20, 2011 Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In your circumstances, the use of the term "benefited owner" should be defined within the contract provided you. If not, the term would be interpreted and defined within its ordinary and common use on an objective interpretation.

In essence, if you as the property owner receive a newly paved road for access to your property, there is an upgrade to the road from its current gravel condition. As a result, you as the property owner receive a benefit from the upgrade with a smoother road and no pot holes.

There is nothing for you to appeal reagrding the contract. Either you accept its terms and sign it or not with the other property owners where it seems that majority vote governs whether the contract is accepted or not by the property owners.


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