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Old 06-17-2019, 11:10 PM
 
26,639 posts, read 36,722,762 times
Reputation: 29911

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Quote:
Originally Posted by oceangaia View Post
Only if he signed the covenants as part of the property purchase.
Not true. Purchasers in HOA communities don't get to choose whether they're members; it's automatic once the deal is closed.

Last edited by Metlakatla; 06-17-2019 at 11:23 PM..
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Old 06-17-2019, 11:31 PM
 
Location: Gulf Coast
1,458 posts, read 1,170,085 times
Reputation: 3098
Everybody is ready to force the actual villa owners on each side to pay this guy for this tiny strip. Why is it their problem this happened? It is a title insurance company's problem now. The homeowners should be contacting their title insurance company to ask about this. They should be telling the title co. that their normal and usual enjoyment of their property is now threatened because that co. did not do it's due diligence in searching the property... and they either have to buy them out or fix things somehow. (Incidentally, for a short while I did work for a title company. We never insured property with these types of issues pending; we looked at surveys and property lines. Somebody didn't do their job.)


Sure this guy should have done more checking before he bought. What about the morality of the county and the auction company who sold this, knowing how bad a deal it was? I'd be letting everybody know what a shady deal this auction stuff is.


We once bought some property through an auction. Didn't catch that there was another service road behind the property that was generating mega bucks of taxes for its improvement. Paid a few years of that tax and then fortunately got our money back by selling to someone else...after this special assessment was all paid off by the way. So we learned a little bit more with that experience. I feel for this guy. Stupid isn't cheap sometimes.


When we were looking at auction properties we saw this triangular piece of property adjacent to a busy road. Looked at it. It wasn't big enough to park a car on it!
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Old 06-17-2019, 11:41 PM
 
Location: Troy, NY
20,657 posts, read 4,428,521 times
Reputation: 9878
Looks like a nice spot to build & lease billboard space.

I'd have it built to code above their roof lines. Then rent advertising space out. If the villa owners don't like it, buy me out. Or maybe I'd rent space to a wind generator. This way home owners in the area could get cheaper power, while I recoup my loss.
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Old 06-17-2019, 11:44 PM
 
18,069 posts, read 18,818,113 times
Reputation: 25191
Quote:
Originally Posted by Cloudy Dayz View Post
Assuming your are right, which you are not. In that case he can dig down to the pipes. Then turn off the water at the meter. It's on his property. He has legal access to it. Cut the service lines at the meters, cap them off, then fill in the hole. At that point the houses no longer have water service lines. When a contractor or whoever comes to reestablish the connections, he can call the police, show them proof he owns the strip, and he doesn't want them digging up his land. At that point the police would have no choice but to tell the contractor to leave.

The guy who bought the strip is not a HOME owner and not a member of the HOA, therefore not subject to rules to the HOME owners association. They have no authority over him.

Calling me clueless, when it was you who thought that private water service lines were owned by water companies, is pretty funny.
Water mains belong to the gov, they are not private or anything, have no idea where you even get that from. The water main to the meter, including the meter, belong to the gov. There are exceptions, but this development which I am familiar with is not an exception, and exceptions are rare and are generally just people running their own mains from a main really.

The utilities ran to the house is a necessity easement, and in many developments, this will run to the property behind you and include a portion of your neighbors property, as in the AT&T guy can even trounce next door on their property to run a line for you.

In the state of Florida, a person cannot shut the water line, even a landlord cannot. Only people who can is the gov, the property owner, and for emergencies. The water meter is the property of the gov.

He is a member of the HOA, his purchasing the property in the HOA makes him a member. The HOA resides over the property within the HOA, not just the homes.

Again, you show that you have zero experience and knowledge of property ownership.
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Old 06-17-2019, 11:47 PM
 
11,025 posts, read 7,840,537 times
Reputation: 23702
Quote:
Originally Posted by Pat Answers View Post
Everybody is ready to force the actual villa owners on each side to pay this guy for this tiny strip. Why is it their problem this happened? It is a title insurance company's problem now. The homeowners should be contacting their title insurance company to ask about this. They should be telling the title co. that their normal and usual enjoyment of their property is now threatened because that co. did not do it's due diligence in searching the property... and they either have to buy them out or fix things somehow. (Incidentally, for a short while I did work for a title company. We never insured property with these types of issues pending; we looked at surveys and property lines. Somebody didn't do their job.)


Sure this guy should have done more checking before he bought. What about the morality of the county and the auction company who sold this, knowing how bad a deal it was? I'd be letting everybody know what a shady deal this auction stuff is.


We once bought some property through an auction. Didn't catch that there was another service road behind the property that was generating mega bucks of taxes for its improvement. Paid a few years of that tax and then fortunately got our money back by selling to someone else...after this special assessment was all paid off by the way. So we learned a little bit more with that experience. I feel for this guy. Stupid isn't cheap sometimes.


When we were looking at auction properties we saw this triangular piece of property adjacent to a busy road. Looked at it. It wasn't big enough to park a car on it!
As I read through the ten pages of comments I wondered if anyone would get it right. This guy needs a lawyer to send some letters out probably telling whoever owns the structures that they have thirty days to remove them from his property. The lawyer would know the proper consequences to threaten. For some reason at least one title company told buyers that there were no encumbrances to the property or properties. They were wrong. They will pay for their errors.
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Old 06-18-2019, 12:00 AM
 
18,069 posts, read 18,818,113 times
Reputation: 25191
Yes. The land should have never been partitioned as it was, that is a developer and county error. The title company obviously missed it, but, wondering what the survey looks like for the home owners, would be interesting if they contradicted to auctioned land.

In the end, the guy will be reimbursed his money from the title insurance, county, mixture of both, and the land will be consolidated.

This whole he will do this, he will do that, is nonsense, he is not going to do anything other than work to get his money back, and him and the homeowners will probably ally together to remedy the situation.
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Old 06-18-2019, 12:10 AM
 
Location: Oregon Coast
15,420 posts, read 9,078,700 times
Reputation: 20391
Quote:
Originally Posted by kokonutty View Post
As I read through the ten pages of comments I wondered if anyone would get it right. This guy needs a lawyer to send some letters out probably telling whoever owns the structures that they have thirty days to remove them from his property. The lawyer would know the proper consequences to threaten. For some reason at least one title company told buyers that there were no encumbrances to the property or properties. They were wrong. They will pay for their errors.
I agree 100%. First, there are so many unanswered questions. Someone would have to research the entire 30 year history of the property and figure out how this happened. Then the lawsuites will start, and it's not going to be good for any of them. After the legal fees are all paid, there probably won't be any winners, except for the lawyers.
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Old 06-18-2019, 06:21 AM
 
17,310 posts, read 22,046,867 times
Reputation: 29663
Quote:
Originally Posted by kokonutty View Post
As I read through the ten pages of comments I wondered if anyone would get it right. This guy needs a lawyer to send some letters out probably telling whoever owns the structures that they have thirty days to remove them from his property. The lawyer would know the proper consequences to threaten. For some reason at least one title company told buyers that there were no encumbrances to the property or properties. They were wrong. They will pay for their errors.
except there is a glitch: condo/townhouse owners rarely own the land their unit sits on and in Florida if you start a lawsuit and lose then you are on the hook for the other parties legal fees. So Mr. $9100 landowner needs to consider if he wants to get in deeper with this bad investment.
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Old 06-18-2019, 08:16 AM
 
11,025 posts, read 7,840,537 times
Reputation: 23702
Quote:
Originally Posted by City Guy997S View Post
except there is a glitch: condo/townhouse owners rarely own the land their unit sits on and in Florida if you start a lawsuit and lose then you are on the hook for the other parties legal fees. So Mr. $9100 landowner needs to consider if he wants to get in deeper with this bad investment.
Actually, in most cases the ownership of the underlying land is different in a condominium than a townhouse. Normally a townhouse owner also owns the land under the building but in a condominium that land is owned by the corporation that also owns the roads and common areas. The guy needs a lawyer but he does own the property and can demand the structure be removed.

If the building is a townhouse the people living on his property have a problem, or their title company does. If the building is a condo the entire corporation has a problem. I have no problem at all with title companies needing to pay out every once in a while. You pay them a fee to assure you have a clear title but then you need to pay them another fee (the title insurance) in case they screwed up taking your money the first time.

It's kind of like paying your tab in a restaurant and then needing to pay another fee so the restaurant can cover their butts if they gave you food poisoning.
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Old 06-18-2019, 08:56 AM
 
Location: New Jersey
11,199 posts, read 9,085,355 times
Reputation: 13959
The guy should build a hammock and chill out some days... LOL

How much is he paying for taxes??
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