manholes uncovered on new house in my front lawn (sales, real estate)

[rx81]

Needed some advice from you guys on what I can do. I moved to Texas last year and bought an inventory house in Sienna. At the time, I was trying to avoid houses with manholes/sewage openings in the yard. The house I purchased didn't have that and the survey didn't show anything. A few months later, the MUD district came around and uncovered and raised a large ugly looking manhole right in my front lawn where the builder had put grass.

When I asked the MUD district rep about it, they said it should have never been covered and it was there before the house was built. The builder and your agent should have known about it by the markings next to the street (green colored dot). The builder is pointing fingers at the land developers and saying they didn't know about it either and the land developer hid it.

I feel I was mislead for purposes of making the sale and the builder hid this from me. Builder's offered to put some small plants around to disguise it but I think I've taken a hit on my property value. If I were to sell this house, I would have a hard time getting a buyer to choose my house over another one that doesn't have a manhole without lowering the price - thereby devaluing my property.

When I called the survey company (also associated with the builder) and they just annoyed me. They said if it wasn't there for us to see, we woudln't put it on the survey. Now that it is, if we were to do the survey again, we'd put it there. That's like me taking my car to a mechanic and them not telling me about the air filter because they can't see it (as it's hidden under the hood). But if I take it out for them and place it on top of the hood of my car, then they'll be able to tell me whether it's dirty or not. What kind of BS is that? Isn't there a governing body that regulates this profession?

Any advice would be greatly appreciated.

[trbstang]

That is strange. In most neighborhoods, unless it is in the Woodlands or some place they preserve much of the trees and vegitation in the yard, the whole front yard is bare dirt, often full of debris during construction. Then once the home is 95%+ completed, the builder has the landscaping and lawn done. My guess is the builder saw it, but since it was apparently "below grade" when they finished with the yard, the sod crew just laid the grass over it. They were probably not the brightest crayons in the box. Neither are the sales people most of the time.

How big is the "large ugly looking manhole"? They are all over the place in most neighborhoods, and I seriously doubt it would devalue your house. We had two at our prior house and I don't recall seeing them on the survey as they were included in the easement section of the lot. I would just take them up on the offer of free plants and turn it into a nice flower bed.

Good luck on it!

[marksmu]

I'd be pissed too, but I'm not sure who you should go after. Someone owes you retribution...my guess is that it is the builder and that the builder will have to get his retribution from the developer. The builder may not have known, but he SHOULD have known...he can always counter sue the developer and get indemnified if he is truly without mistake here.

[golferadam]

Sounds like you need The Texas Hammer

[Brom]

talk to a lawyer and sue

[gsmj]

I don't think I've ever seen a manhole not in-line with the sidewalk. Was it not marked on the survey?

[Cranfords]

If its in your yard there should be an easement. If there's an easement, there's no excuse for the surveyor not catching it and you have a potential claim against them.

If there's not an easement, then its just crap somebody put in your yard and you can do with it as you see fit. Tell the MUD to show you the plat with the easement on it, or you're covering it up.

[ToyYot]

Would an undisclosed easement be a title issue?

[rx81]

Originally Posted by Cranfords

If its in your yard there should be an easement. If there's an easement, there's no excuse for the surveyor not catching it and you have a potential claim against them.

If there's not an easement, then its just crap somebody put in your yard and you can do with it as you see fit. Tell the MUD to show you the plat with the easement on it, or you're covering it up.

There is an easement on the survey but nothing showing this manhole. If the survey had shown it, I would have made a more informed decision. Should I be going after the survey company or the builder or both? May be this is a question for an attorney. Any real estate agents here that might know?

[ToyYot]

Sounds like the surveyor did his job then. Is the manhole that objectionable? It wouldn't put me off a house unless it was in an awkward position.