suing land owners - is it possible?

[prometheus]

Developer absconded abroad 2-3 years ago. Apartments built 2006-7.

Beginning of 2012 the TH Planning dept wanted thousands of euros before issuing Building Certificate as developer left without paying them their bill (we also have large hidden mortgage on the land).

We understand that the LandOwners (antiparoxi) were forced to pay this as we heard that they hadn’t cancelled their ‘paperwork’ with the developer and presumably they were still legally tied to him which could be why the Courts came after them for the debts. Also the fact that they paid up probably confirms they were still legally tied to the developer.

As our Contract of Sale is between the 3 of them (the 2 Landowners and developer) and ourselves and have breached this by saying we would get TDs end 2012, can we owners take action against them, either for our money back or could they be responsible for the mortgage on the land?

The N50 shows each landowner has 1/15th and the developer has 13/15th.

Thanks

[Nigel Howarth]

Hi prometheus and welcome to the forum.

I doubt very much that you'll be able to take any action against the landowners. I suggest you speak with a lawyer to see what your options may be.

Regards,

[prometheus]

Thanks Nigel, I have tried emailing the solicitor a couple of times but i never seem to get a clear reply on that question so I thought if I could find out if there was any chance of being able to sue them, then I would pursue it with more vigour with the solicitor - however,
I will ask him again to see if I can get a definitive answer.

Thanks anyway.