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I did not had a survey done, as the builder indicated it is not an requirement and I did not knew at that time it was an critical document
now I may have to go for an survey using 3rd party and get things done.
You cannot do anything. If there's an easement (and I bet money there is), there is zero you can do.
But, a survey is nice to have.
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At least you're not paying for the sidewalk to be put in, I assume. There have been cases where developers conveniently overlooked the sidewalk requirement and then a municipality had the sidewalks installed later at homeowners' expense.
I did not had a survey done, as the builder indicated it is not an requirement and I did not knew at that time it was an critical document
now I may have to go for an survey using 3rd party and get things done.
The reason it wasn't indicated that it is a critical document is because builders don't want anything to come up that might scare you away. They'd happily sell you a lot that's entirely undevelopable, then point to the closing documents where you initialed saying you understand what you're buying.
Consider that when you buy property, the survey is what tells you what you're buying. It's kind of like buying a car, looking at the outside of it, and not any of the documentation that tells you the facts, or being allowed to have a mechanic look things over.
Spoke to Town of Cary and they agreed to have the sidewalk moved to the other side of the road. Builder need to file an amendment and with new drawing submitted.
Not sure where I can track the progress of the submission and approval of this amendment.
Yes, it is culdesac, and the other side of the culdesac is stormwater hole to catch rainwater. So when we spoke to town and put the thing in front of them that the side walk was at length on the other side of the road all along, and just at the culdesacarea it jumps to this side of the road, and why not have it moved to the stormwater side of the culdesac, so that it does bother anyone, and they quickly checked the grade of the soil and indicated there is no reason why it cannot be done, and indicated if a simple amendment is filed, they can consider and approve it. builder has to file the amendment and with updated drawing. Builder also spoke to town planners and town inspectors and got same response and they said will move forward with amendment.
Do anyone know how to track such amendments progress online ?
Yes, it is culdesac, and the other side of the culdesac is stormwater hole to catch rainwater. So when we spoke to town and put the thing in front of them that the side walk was at length on the other side of the road all along, and just at the culdesacarea it jumps to this side of the road, and why not have it moved to the stormwater side of the culdesac, so that it does bother anyone, and they quickly checked the grade of the soil and indicated there is no reason why it cannot be done, and indicated if a simple amendment is filed, they can consider and approve it. builder has to file the amendment and with updated drawing. Builder also spoke to town planners and town inspectors and got same response and they said will move forward with amendment.
Do anyone know how to track such amendments progress online ?
I'm sure someone else can answer your last question, OP.
I hope the sidewalk move won't hurt more than it helps when people decide to sell their homes. I say this only because a sidewalk in front of a retention pond invites foot traffic to the retention pond. Some people won't buy near those in the first place. Especially with young children.
Just a possibility to keep in mind. Maybe yours is fenced and that makes it less of an issue.
I'm glad you got this sorted to your liking. You're the first person I've ever spoken to that had the town NOT put in a sidewalk where they planned to.
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I get the impression (from my plat) that it's not even an easement. Sometimes you don't actually own the property close to the road it's part of the right of way.
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