A Buttonwood Bay homeowner has retained a lawyer to challenge the construction of an apartment complex that she says encroaches on her property and violates building regulations.
On Monday, that attorney Immanuel Williams issued a cease and desist letter to the property owner, demanding an immediate halt to construction, disclosure of all permits and approvals, and compensation for trespass and loss in property value.
The letter warns that legal action may follow, including an application for demolition of the offending structure.
A second letter, dated yesterday was sent to Belize City Mayor Bernard Wagner, calling on the City Council to issue a stop order. Attorney-at-law Emmanuel Williams says the building breaches the mandatory four-foot boundary setback.
Immanuel Williams, Attorney-at-Law, Glenn D Godfrey & Co. LLP
"Essentially, our client reached out to us recently. She resides in the Buttonwood Bay area concerning the construction of a building behind her home, which one encroaches on her property, to some degree, on the southern part of her home. There was an arrangement initially between herself and the proprietor to rebuild the fence that separates both premises, and instead of rebuilding the fence, what obtained is a construction of a two-story building that not only encroaches on her property, but breaches the four-foot boundary setback."
"Our client told us that she is distressed. She feels intimidated. She was afraid of what's happening."
"She said that individuals that are conducting the construction are smoking, harassing, making noise, and even to some degree, recently, one of them exposed himself to her in an unbecoming manner. So she's pretty distressed and shaken up about the situation, and it's causing her to not be able to enjoy her property as she would like."
Reporter
"And is she looking into, let's say, if they decide that the property will stay how it is, is she intending to move? Because it's a major inconvenience for her, as you've explained it."
Immanuel Williams, Attorney-at-Law, Glenn D Godfrey & Co. LLP
"Well, we're instructed that it's a family home. She's been there all her life, all her memories. And you can appreciate that property is not just a piece of land for some people."
The attorney for the owner of the offending building, Steve Perera says, quote, "are to inform you that there is no encroachment taking place as the constructed building does not enter into the other parcel of land. We are currently in discussions with the attorney for the other side and expect to settle this matter amicably shortly. As a show of good faith we are arranging for a surveyor to visit the property to confirm the property lines and to ascertain that there is in fact no encroachment taking place.
