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Old 08-09-2010, 09:31 PM
 
5 posts, read 14,914 times
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Built home a year ago. Was never disclosed that I have a retention basin on 3/4 of my lot. IS there recourse for this non disclosure? I cannot alter/use this portion of my lot. If this would have been disclosed, would never have built on this lot. Any advice?
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Old 08-10-2010, 06:21 AM
 
Location: Cincinnati
3,336 posts, read 6,942,354 times
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It sounds like you bought vacant land. If this is in a subdivision, it is unusual for the developer to make one property owner responsible for a retention basin that likely serves several lots in the development. When you bought the land were you shown a clear building envelope?
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Old 08-10-2010, 06:24 AM
 
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it was a subdivision dev. we were not shown a building envelope. I am now worried about resale value, sellability, etc.
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Old 08-10-2010, 06:44 AM
 
Location: Cincinnati
3,336 posts, read 6,942,354 times
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giving you a retention basin was a sh* thing for a developer to do. a basin should never be owned by a single property owner, but unfortunately it happens sometimes. they need maintenance or they quit working because of erosion, etc.

check your deed, something that important should have made the deed. also go to the county and pull the plat. call the county clerk and ask how to do that. look at the plat and you'll see your subdivided piece of land and see if the retention basin is drawn on the plat. it is supposed to be and it is also supposed to say who is responsible for maintenance of the basin.

contact the developer if they are still in business. if not, talk with the county or township. having a functional basin in the long term is important not only for you but for every other property owner in the subdivision and also for the county / township itself.

what are typical lot sizes in the development? How did you find out you had a basin? Was it only when it filled with water that you knew?

Last edited by progmac; 08-10-2010 at 06:56 AM..
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Old 08-10-2010, 07:06 AM
 
10,135 posts, read 27,475,197 times
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Quote:
Originally Posted by kleint View Post
it was a subdivision dev. we were not shown a building envelope. I am now worried about resale value, sellability, etc.
You should be. This could be a really big problem. Typically an easement for water retention is not just limiting your use of the property but gives affirmative rights to the water authority to build structures on it, like watersheds, ditches, water compartments, etc.

Get a lawyer, give him the contract and the entire closing package and ask for an evaluation of what happened and who is responsible. There is at least the realtor, the title company, the builder, architect, building department, lender, subdivision developer, etc.

I usually jump in and give the answer to these things, but you need someone to actually look at the documents. If you don't have a lawyer, DM me with your location and I'll recommend someone.
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Old 08-10-2010, 07:12 AM
 
Location: Cincinnati
3,336 posts, read 6,942,354 times
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wilson, good advice. kleint, good luck. developer, shame on you.
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