Xerxes Agassi has sued his neighbors in Massachusetts Land Court over a disputed driveway easement.
The developer who wants to convert former Edu Comp building in Vineyard Haven into condominiums and office space has sued his neighbors in Massachusetts Land Court over a disputed driveway easement at the site.
Xerxes Agassi, a real estate developer and property manager, wants to redevelop 4 State Road into 14 residential apartments and three office units. After reviewing the project as a development of regional impact (DRI), the Martha’s Vineyard Commission voted to deny it last week.
The land court complaint was filed on July 8, one day after the commission vote.
The easement dispute between Mr. Agassi and Joseph Grillo, who is the owner of 10 State Road according to land court records, was a tangential issue throughout the MVC review process. The MVC required Mr. Grillo to record an easement with the former owners of the Edu Comp building when it approved 10 State Road as a DRI in 2010. But the recorded easement does not align with the existing horseshoe-shaped driveway on the Edu Comp property and does not include egress.
As a workaround Mr. Grillo and the former owners of the Edu Comp building had an informal agreement which allowed the occupants of 10 State Road to use the driveway and exit through 4 State Road. But Mr. Agassi has not consented to the arrangement and is seeking to enforce the recorded easement. Mr. Agassi’s proposed plan for the property includes reconfiguring the driveway to bring it in line with the recorded easement.
“A dispute has arisen between the parties as to their rights and obligations,” the complaint reads in part.
The four-page complaint sets out the parameters of the dispute. Mr. Agassi is asking the court to clearly establish the rights of the two parties and prohibit the defendants from using the new driveway.
“In particular, but not limited to, the parties dispute the location of the easement, the width of the easement along the length of the easement, the location of the new entranceway and the ability of the defendant to egress through the new entranceway,” the complaint states in part.
— Zach Harris
Comments
Welcome to the neighborhood.
Amy EdgartownWelcome to the neighborhood. One definition of 'neighbor": friendly, exhibiting goodwill and an absence of antagonism; amicable- implying a state of peace and a desire on the part of the parties not to quarrel.
So what was an agreement
C.Joyce VHSo what was an agreement between neighbors was good enough for many years is now a lawsuit. If you take the time to read the documents on MVC website regarding this easement issue you will see Mr.Xerxes plays hardball. I hope the neighbors win their case.
Eliminating liability issues
George Stein OBEliminating liability issues with a clear delineation of responsibilities seems prudent for any new property owner. Saving potential future litigation is a wise investment. Any conversation on waste water issues pre construction always interests me as a good neighbor.
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