Initial Email to John Magnuson
Thanks for talking with me yesterday re my property dispute. Josephie and I look forward to working with you on this and hope that we will prevail in our efforts to
1) Regain our (newly revoked) address change to 800 Tuscan Lane. We are back to using 2946 Murphy Rd as the address.
2) Regain our Tuscan lane access that was both our primary access and the former owner’s for over ten years. Josephie tells me that Tuscan was built in 2006
I just got an email from the title company and I have attached their documents.
In addition, I’ve attached Tuscan Ridge Platt and the Covenant for Tuscan Ridge plus I added some notes in red to the platt re who owns what and saved as a jpeg, see below. The three properties with the asterisk are the ones who pay for Tuscan Lane, the easement in dispute by the Wilkinsons who don’t even pay for the road and seem to have even less right to use it than we do.
See the image I made of the satellite view called Tuscan satellite. The Wilkinson’s built their driveway onto Tuscan when they should not have. The original platt for their property shows that Fernan road is where they should have access.
Seems to me that the Wilkinsons could potentially lose their driveway. They have no Tuscan ridge Covenant rights at all. Whereas, we own one of the three Tuscan lots and the road actually goes onto our original nine acres. In addition, we have first right of purchase to lot number 2.
The yellow highlight is the Wilkinson’s driveway. The orange is where their access designated on their platt.
Another note. We may like to buy lot 2 before making much noise to either the county or the others about the situation. It is conceivable that the Wilkinson’s could get interested in lot 2 and we don’t want a bidding war on that property. Today I talked to Bill Hall, who I know pretty well. He said to send him an offer. I did not discuss the easement dispute. I will be selling my home in Dallas soon and would use proceeds of that sale in the purchase of lot 2 but it might take a few months for the Dallas sale to occur.
Bill Hall could probably give us an ear full of insight into this situation but I felt it best not to bring it up just yet.
Well . . . thanks again,
Title Policy: (screen shot of first page followed by link to the document)
Declaration of Protective Covenants (screen shot first page then document):
Image of current property arrangement with highlights of property ownership: