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"Hosed" by a lawyer? Right now, a lawyer is just about the only person that is going to be able to slap enough people upside the head in order to get things done. You've already said the developer is slow to the point of inaction. It's amazing how quickly builders wake up and smell the coffee when they get an injunction to stop the sale of a property until the conflict on boundaries is resolved. It's not fair to you, to have your property "clipped", and it's not fair to the new buyer, who thinks he's getting more than he really is. If the developer who sold you the house made a mistake on how much land was included in the purchase, you have a basis for damages.
Do you have title insurance? Maybe they can get involved. I am not familiar with such things but have heard they can possibly help in disputes over issues like this.
"Hosed" by a lawyer? Right now, a lawyer is just about the only person that is going to be able to slap enough people upside the head in order to get things done. You've already said the developer is slow to the point of inaction. It's amazing how quickly builders wake up and smell the coffee when they get an injunction to stop the sale of a property until the conflict on boundaries is resolved. It's not fair to you, to have your property "clipped", and it's not fair to the new buyer, who thinks he's getting more than he really is. If the developer who sold you the house made a mistake on how much land was included in the purchase, you have a basis for damages.
Attorney time. NOW.
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.
Do you have title insurance? Maybe they can get involved. I am not familiar with such things but have heard they can possibly help in disputes over issues like this.
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
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
No, homeowners policy doesn't protect you against bad surveys, evil developers, or anything like that. Title insurance protects you against bad conveyance or tile defects, and your pocketbook hires the lawyers to go after the developer and surveyor for any malfeasance on their part.
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.
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?
FYI: I looked it up re title insurance. That really is for problems that come from ownership of title or possibly if problem with "who owns grandpas house" and heirship messes or liens.
Take it to a attorney with experience in real estate issues. You probably will save money in the long run. You really don't want to give up any of your acreage. City's usually have set back and minimum distance amounts between homes. You don't want builder to start fudging on these things. 1-2ft can mean a lot in real estate.
I remember there was a issue with the set back on a newly built house we purchased. Because of some easements in out front yard our house was built 6" to far forward. The builder had to get a variance on that, wasn't a big deal but don't think that letting go won't cause problems down the road on the 1-2'.
Last edited by Izzie1213; 08-15-2017 at 07:44 PM..
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.
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 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.
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?"
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