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Old 08-15-2017, 08:27 PM
Status: "Free at last!" (set 4 hours ago)
 
Location: Somwhere
3,126 posts, read 1,219,723 times
Reputation: 8045

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Oh, hell, just go out and move the stakes to where they should be.
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Old 08-15-2017, 09:49 PM
 
Location: Somewhere in America
12,305 posts, read 10,052,184 times
Reputation: 20460
Sounds like you need to speak to a local real estate attorney to discuss what's going on and what your concerns are.
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Old 08-15-2017, 09:54 PM
 
Location: Somewhere in America
12,305 posts, read 10,052,184 times
Reputation: 20460
Quote:
Originally Posted by jmking View Post
I agree with you and if it comes down to lawyering up I certainly will but at this very early point I'm not really eager just yet. There are bumper stickers here that state this "LSD", Lower, Slower, Delaware. Down here the county has yet to learn the lessons of growth, like its neighbors have. The Department of Public Works is owned by the developers. This coming from a local lawyer I may be contacting soon, unfortunately.
What are you waiting for? The longer you wait, the more of an issue this becomes. You said closing is tomorrow. You want an attorney to do something BEFORE the closing.

Quote:
Originally Posted by jmking View Post
I do have home owners insurance. I would think that could be of some help because this issue could effect the value of the house. Thanks
Your home owner's insurance has nothing to do with this and they won't care. They insure the house so you can rebuild. The land is insured in case someone falls and breaks their leg. You're not insured for property encroachments. You need to do your due diligence.
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Old 08-16-2017, 12:20 AM
 
6,121 posts, read 3,318,365 times
Reputation: 13007
Quote:
Originally Posted by jmking View Post
I have a situation pertaining to a new ground survey of a new house that is closing tomorrow. I bought a new house on a half acre lot 2 years ago. Surveys were done, stakes placed, looks normal. A new house was just built next door and they performed a survey and moved the stakes 10 feet into my yard. The surveyors thought it looked odd because it encroaches on my leach field and clips my driveway. The original stake was placed beside the electrical and cable boxes in the front yard placing them on the corner of the lots. The new stake places these boxes squarely in the front yard of the new house. Looks very wrong.

I called the developer's representative who told me she is contacting the builder. I did talk to the real estate agent representing the buyer, who thought it looked odd that part of my side loading driveway on a half acre lot now belongs to her client and said she is going to look into if before closing tomorrow. That was last week and heard nothing until I emailed the developer's rep who now says she is going to get a copy of the survey. This developer is notorious for not getting anything done for anyone ever.

My question is what would be the next step if they close on the house and everything stands as it is as far as this crazy boundary is concerned? This, I think, would effect the resale value on this house. Also, it seems to me they are selling the same property twice to two different people. What government agency in any given State would one call? Would calling the bank holding the mortgage be the right call? Thanks to all for any advice!! By the way the State is southern Delaware.
The first thing you must understand is that the odds of your survey and your house placement being the one that is incorrect is equal to the odds that the new house is the one that is wrong. You need a survey done now but you probably should get the lawyer first. You may find that your house does not comply with setback requirements.

Do not be surprised if the closing is delayed for the new house and don't be surprised if you get sued for having your improvements on someone else's property. Do you like living there? You may get a chance to move at someone else's expense; probably the title company.
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Old 08-16-2017, 06:11 AM
 
6,209 posts, read 6,583,344 times
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Quote:
Originally Posted by MrRational View Post
Did you have an attorney helping you with that transaction?
Advise on and review of the contract and related documents?
Manage the closing?

You should have... and that is who you should be calling now.
If you didn't... you get to establish that relationship "after the fact"

It'll all work out.. it won't cost a fortune ... but you really have no choice.
Thanks MrRational, that makes perfect sense.
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Old 08-16-2017, 06:20 AM
 
6,209 posts, read 6,583,344 times
Reputation: 3091
Quote:
Originally Posted by Silverfall View Post
Out here we have monuments which are metal rods in the ground. You can't just up and move them here. I'm confused by your situation.

Who moved the stakes? Were they monuments or were they the wood stakes that sometimes people use to mark the locations of the monuments?
The surveyors moved the stakes. They were using a device to locate metal devices in the ground but could not locate all of them. And it appears the stakes where markers with colored flags.
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Old 08-16-2017, 06:48 AM
 
6,209 posts, read 6,583,344 times
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Quote:
Originally Posted by HTY483 View Post
Go down to the City or County Department of Development Services (or wherever the property is) and ask to look at the Surveyors Final Map. Explain to them what's going on. Whoever developed those lots should also have a copy of the Final Map. Our surveyors have been off by as much as 6" but not 10', that's ridiculous. Kinda makes me think that there might be a public utility or drainage easement between the two homes. DONT waste a bunch of money on an attorney yet. One of the surveyors simply made a mistake.


This is what a typical Final Map looks like. As you can see it clearly shows the property lines with bearings and distances on all lots. Ok well the image is crappy but you get the idea.
I've seen the maps. I've lost no amount of land, in that they shifted my property line way close to my house, between the two houses, the balance falling into common ground that are drain swells on the opposite side of the yard. I'm on a corner lot, swells run along the front, side and back of the property, nothing in between the houses except an electrical and cable box in the front between the houses.

The new boundary between the houses is not straight like it used to but on an angle, clipping the rear of my driveway and across my leach field in the back. The surveyors measured for me the length along the back yard in which it ended in a swell, common ground, in which they stated that it looked incorrect.
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Old 08-16-2017, 07:05 AM
 
Location: Cary, NC
31,595 posts, read 55,320,924 times
Reputation: 30150
Quote:
Originally Posted by jmking View Post
I've seen the maps. I've lost no amount of land, in that they shifted my property line way close to my house, between the two houses, the balance falling into common ground that are drain swells on the opposite side of the yard. I'm on a corner lot, swells run along the front, side and back of the property, nothing in between the houses except an electrical and cable box in the front between the houses.

The new boundary between the houses is not straight like it used to but on an angle, clipping the rear of my driveway and across my leach field in the back. The surveyors measured for me the length along the back yard in which it ended in a swell, common ground, in which they stated that it looked incorrect.
"Clipped your leach field?"

Attorney. There is no other proper answer.

Your home is unsellable, at least to anyone who would survey before borrowing and buying.

Surely, you have an original survey, done for YOU from your purchase?

Attorney time.
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Old 08-16-2017, 07:10 AM
 
6,209 posts, read 6,583,344 times
Reputation: 3091
Quote:
Originally Posted by dblackga View Post
Not sure what the Dept. of Public Works has to do with a deeding/survey issue. This is not a "very early point" -- I cannot emphasize this enough. If a mistake was made on either home's survey and boundary lines, it will possibly affect easements, zoning limitations on building proximity to boundary lines, etc. Tackle it NOW before it gets to a point where everyone shrugs and says, "Well, what do you want us to do? Tear down the house/driveway/etc?"
I was just indicating a little how things work in southern Delaware. The developer tells Public works what to do not the other way around. Our developer fails to make things right as far as dry/wet ponds, drainage issues, following his own HOA rules (developer and investors control the HOA until homeowners outnumber investors). He changes the rules as issues fail and Public work falls in line. Example we have two dry ponds on both ends of our long street. One pond failed and holds stagnant water full of bugs and frogs, two feet deep. This is a dry pond half the size of a football field with a drain plug at the far end. He renamed it a wet pond, Public Works says ok...That would never fly in Maryland, Virginia etc......and it goes on. Nothing seems to get done, and now this issue on boundaries two years later.
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Old 08-16-2017, 08:06 AM
 
15,824 posts, read 18,440,406 times
Reputation: 25609
Quote:
Originally Posted by jmking View Post
I was just indicating a little how things work in southern Delaware. The developer tells Public works what to do not the other way around. Our developer fails to make things right as far as dry/wet ponds, drainage issues, following his own HOA rules (developer and investors control the HOA until homeowners outnumber investors). He changes the rules as issues fail and Public work falls in line. Example we have two dry ponds on both ends of our long street. One pond failed and holds stagnant water full of bugs and frogs, two feet deep. This is a dry pond half the size of a football field with a drain plug at the far end. He renamed it a wet pond, Public Works says ok...That would never fly in Maryland, Virginia etc......and it goes on. Nothing seems to get done, and now this issue on boundaries two years later.
Two years and counting....Get an attorney on this asap.
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