Mr. Jones dilemma is that he was facing a lot of trouble regarding the utility easement discovered by the city where he is developing his largest and newest subdivision project. As a land developer, Mr. Jones was not new in the business; in fact, some of the largest residential subdivisions in the city were his projects. The utility easement that was discovered by the city on the subdivision that do not belong to Mr.
Jones has been the source of his trouble not only from the city government who was threatening to close his projects, but also from the owner of the property where the easement was discovered as well as from the adjacent property owner who is a citizen of Switzerland who were both threatening to sue him. There are enough reasons to tell Mr. Jones not to worry of the situation as there are processes that should be satisfied before anything can be done regarding his situation.
Besides, it is common knowledge that utility easement is the right of one landowner to use land belonging to another for a specific purpose (Lindeman, B. 2005, p. 44). In this case, if indeed the easement discovered by the city belongs to Mr. Jones’ project, the city has no right to close down the project. Even the owner of the property cannot sue him because if the utility easement is approved by the municipality or the city, the document becomes a legal (Meehan, B. 2007 p. 31).
Further more, the city government or the municipality where the project is located is the ones that grant petition plans for placing utility easement at a particular area. Assessment of the situation In preparing for the possible court battle against the city government and against both the owner of the property where the utility easement was and the owner of the adjacent property, Mr. Jones should produce the subdivision plan approved by the city government including the petition for utility easement. Since Mr. Jones is not new in this business, this could be assumed to have been secured before starting his project.
Besides, Mr. Jones cannot proceed with his project with out these pertinent requirements. In view of the fact that Mr. Jones had already developed some residential projects in the city, there were already established notions that Mr. Jones is land developer and it would be quite naive idea to think that the city government would allow Mr. Jones to begin these projects with incomplete requirements. Thus, it is rightly assumed that all the requirements and ordinances were satisfied. Internal memorandum for the office
Since the case that was brought up against him was merely in connection with the discovery of utility on the subdivision that do not belong to him, the situation seemed to be only a matter of clarifying legal rights of the developer on utility easements. The two other problems can be addressed once the issue of the utility easement against the city government is resolved. The issue that may need to be looked in to is who approved the petition for easement, why the easement was placed in that location, and the rights of the developer of utility easement for the benefit of the community.
Therefore this case, though look simple, should be given particular consideration and attention on the basis of the severity of damages to the client once the progressed and the court ruled against him. The law firm can help Mr. Jones in two ways. First, assist him in the preparations of the necessary documents that would be needed by the court in reviewing the situation. Second, represent Mr. Jones in the court in the oral argument or in any matters regarding the case if it progresses. Mr.
Jones had to submit all the documents of his projects and after all the necessary documents are prepared, it should be submitted to court for review. When the court finds the documents legal and its requirement are fully satisfied, then Mr. Jones will be cleared of all litigation from any body. But when there is a cause for trial, then the case would progress and it will be a full bloom civil case against him. References Lindeman, B. (2005) How to Prepare for the Real Estate Licensing Exams USA: Barron’s Educational Series Meehan, B. (2007) Empowering Electric and Gas Utilities with G