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He spoke to Jules Vasquez via mom yesterday about the unfounded land dispute he says, he knew, would rear its head:

Jules Vasquez:
"Did you anticipate all of this would ensue?"

David Kafka, Real Estate Agent
"Oh yes, I knew it would because it was under contract before and there was a big dispute. As soon as they see a surveyor out there, because part of our contract stated that the seller, the Romero family who has owned it since 1919, um, with the Garbutt family because it was."

Jules Vasquez:
"When you sent your staff to the lands department to apply for the accretion in front of this property, as is the property owner's right, did you consider the issue that it would become for the community?"

David Kafka, Real Estate Agent
"No, I never did any of that. That is what I am saying, that was all done by the home-owner and it was based off the title. So, it was based off the original title, I have an abstract title right here and it talks about all of that. So, I am just the Real Estate agent I just brokered the sale. I didn't apply for the accretion, I didn't apply for the lease and then take the lease to title for the accretion, none of that was done by me or my company, that was all done with the homeowner based on her hiring the lawyer and based on the documents they found at the lands department."

"All we did was get the property markers based on what the survey was telling the surveyor and as soon as that happens then people who really have nothing better to do than complain and push fingers on me and real estate agents, they just go out and go to Facebook. So, I don't know what else to say and then within a few days they take all the pins out because I had pictures of the pins and then a few days later they were all removed before we closed but I knew it was going to happens because of where the location of the property was and how valuable it is for the person that owns the property but also the negative impact bases on what we need the property for: for Lobster fest, for Art Fest, for just the general public to go out there it's a beautiful swimming area for locals and tourists a like. So, yes I knew it was going to be a problem but I don't know how to fix it, right? That's something that is like I said above my pay grade."

And while Kafka says he understands the community's plight and the need for public recreational space, the issue here - as he sees it - is clear cut in that the property owner was well within her rights to apply for accretion and well within her rights to fence what is now her property. We'll keep following the story.