To the Editor:
During November, Rich Saltzberg’s coverage of Martha’s Vineyard real estate development (Nov. 29, “Pivotal Land Court trial remains unfinished”) captured my interest.
To my understanding, the case involves a land issue in Oak Bluffs, and calls into question a developer’s ability to depend on the accuracy of a recorded survey. The Oak Bluffs building inspector relied on the survey of record, and approved the developers John and Sue Zarba to build a guesthouse. The Zarbas and Oak Bluffs followed building protocol, and the guesthouse was built as permitted. Before issuing the final occupancy permits to the Zarbas, Oak Bluffs’ legal counsel called for a new survey to dispute the initial survey of record.
If the new survey ordered after the Zarbas’ build displaces the old study of record, developers, land surveyors, lawyer’s title insurance, building inspectors, neighbors, and buyers and sellers of real estate can never again depend on recorded surveys of record.
When will The Times be following up on this case? I expect the judge’s decision to have a great impact on the Island’s large building industry.
Thanks for the coverage, I find it very informative.