Builder mistakenly builds home over lot line | WSB-TV

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  • Опубліковано 11 лип 2016
  • A home owner discovered that a corner of her deck, a retaining wall and much of her yard aren't even on her property.
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КОМЕНТАРІ • 842

  • @AMERICANPATRIOT1945
    @AMERICANPATRIOT1945 6 років тому +1724

    This builder should be held absolutely liable for all expenses incurred by his/her mistake. There is no excuse for a professional builder to make such mistakes.

    • @linzierogers6227
      @linzierogers6227 6 років тому +25

      Agreed.

    • @Rocketpower713
      @Rocketpower713 6 років тому +25

      The surveying company its at fault.

    • @JoybuzzerX
      @JoybuzzerX 6 років тому +37

      I know when I bought my house, I had to get a surveyor and they realized the property I was buying had a sizable chunk of my neighbors backyard.
      Surveyor should just be done to make sure stuff like this doesn't happen.

    • @longlee1100
      @longlee1100 6 років тому +4

      you said it. but then again, what is there to prove that it wasn't her who told the builders to do so.

    • @garethlawton5278
      @garethlawton5278 6 років тому +10

      Everyone is to blame, she should know what land she owns. It's as simple as that. She should have looked at the blueprints and layouts and known it is beyond her land.

  • @user-ln1lx3vn1g
    @user-ln1lx3vn1g 6 років тому +405

    *That’s it. You’ve really crossed the line this time.*

  • @Joshg1984
    @Joshg1984 6 років тому +639

    I can't fart outside my house without code enforcement showing up in my driveway. How did they build a whole house with an inspector not finding something.

    • @Joshg1984
      @Joshg1984 5 років тому +37

      uaedaien yeah. Tell that to florida. Because that's where i live

    • @EternalGaming786
      @EternalGaming786 5 років тому

      Lul :3

    • @insilence6156
      @insilence6156 5 років тому +5

      Josh...in a whole street nearby , there are numerous houses over the property line!! Boggles the mind! And many for sale! Cannot sell even with well below price! An albatross.

    • @americanallthewayredneck3917
      @americanallthewayredneck3917 5 років тому +1

      josh..shut ur x box playing pie hole..Youre punk uneducated comments are typical..comment on things u know..Nothing!

    • @americanallthewayredneck3917
      @americanallthewayredneck3917 5 років тому +1

      josh disregard my comment towards u .i mean to address the other guy..

  • @snotnosetom4417
    @snotnosetom4417 6 років тому +262

    Several years ago someone built on my friends property. No problem. He was forced to buy my friends property at his asking price.

    • @angelgjr1999
      @angelgjr1999 5 років тому +10

      Snotnose Tom I believe its 50 dollars per square foot

    • @henrymccomments
      @henrymccomments 5 років тому +80

      Angel Gutierrez
      Nope it’s whatever I say square foot don’t like it move your house lol

    • @basillah7650
      @basillah7650 5 років тому +11

      Angel Gutierrez ANgel that is why the city wants to buy your land when a random person wants to buy it you can set any price because they are not forced to buy it

    • @linanicolia1363
      @linanicolia1363 4 роки тому +4

      this is rare. Usually it gets complicated and people get emotional.

    • @delpicsla65
      @delpicsla65 3 роки тому +6

      @@angelgjr1999 damn. In my area it’s like $350-500 per square foot

  • @ny1t
    @ny1t 5 років тому +44

    I noticed a pin along the road and asked the surveyor surveying the property next door what it was. He told me it was the edge of my property. I told him it wasn't and showed him my deed. He moved the pin. I think the neighbor wanted to steal a little of my property to make his lot large enough to build on.
    I would verify the survey is correct.

  • @baltsosser
    @baltsosser 6 років тому +797

    Why didn't the builder use the official survey instead of something manmade and easily movable like a fence?

    • @califdad4
      @califdad4 6 років тому +36

      that is why I think "Lawyers are working on it", its the builders mess up, and he could be responsible

    • @jesseolivo
      @jesseolivo 6 років тому +28

      survey lines are manmade, too

    • @HunkMine
      @HunkMine 6 років тому +9

      They skipped the surveying step due to a mistake or laziness I suppose

    • @baltsosser
      @baltsosser 6 років тому +7

      That sounds lie the easiest solution, but she built things like an irrigation system and a deck, and didn't build them on her property. When you are trying to sell, and you built on someone else's property, you have major issues.

    • @go86go
      @go86go 6 років тому +4

      HunkMine to save a few bucks there. I would go back and look at the original settlement statement to see if they were charged for a survey

  • @rjmprod
    @rjmprod 6 років тому +71

    The builder is at fault and needs to be sued, pronto....

  • @rj521
    @rj521 3 роки тому +14

    We are the second owners of our house. So before we owned our house the house next door was built too close to the lot line. Both owners were forced to do an adjustment to the property line. Our property lost land in the front yard and gained property in the backyard. It’s definitely not a straight line between the two houses. I also know of a house that was built across the property line. Most of the garage with an apartment on the second floor and a corner of the house and deck were all built across the property line. It was a mess because it is in a rural area, riverfront property and valued at several hundred thousand dollars. The property adjoining the house is public property. Homeowners were trying to sell the house but had to get this cleared up on the title before they could sell. The public entity wanted to force the homeowners to move their home. It would have been extremely costly to move the house and garage. It would have been cheaper to just tear it down and rebuild. It went to court and the homeowners won the lawsuit which forced the public entity to make a boundary adjustment between the two properties. The house and been there for about 25 years and I think that was a major factor in the court’s decision. That and the county inspectors had signed off on the project when the house and garage had been built.

  • @jimh712
    @jimh712 6 років тому +276

    The builders insurance during the time the building was built is still inforce..
    For that time period...
    Sue the contractor..
    And his insurance company..

    • @brandonmeraz2440
      @brandonmeraz2440 6 років тому +4

      jim h plot twist the builder dosent have insurance 😂

    • @jimh712
      @jimh712 6 років тому +5

      Brandon meraz
      That's kind of on who ever had the home built..
      You should never deal with a contractor without having a certificate of insurance and a worksman comp. Certificate sent from the insurance companys before any work is started..
      And any money changes hands..

    • @jimh712
      @jimh712 6 років тому +7

      Tangerine Sky333
      I have no idea what your background is..
      But having a company in the past and having insurance policys for all those years..
      My insurance agent explained that the policy is responsible for the time period on that policy...
      Even after that period had passed...
      Your talking about a company running 3 corporations..
      First corpoation the front corporation ( the sacrificial lamb ) that owns nothing.
      and is the contractor and leases everything..
      The second is the leasing corporation.. that owns every thing and is kept squeeky clean..
      And the third corporation that is kept in reserve to bring out when the first is sacrificed...
      Of courst all of these corporations are based out of Nevada...
      I think this is what you are iyho trying to explain...

    • @stevelovesgod
      @stevelovesgod 5 років тому +2

      General liability does not cover contractor for incompetence.
      They have a separate policy for that. and I'm not joking

    • @califdad4
      @califdad4 5 років тому +2

      I looked it up, the builder is still in business

  • @JawTooth
    @JawTooth 3 роки тому +185

    Thats why you need permits and inspections.

    • @temujinkhan6326
      @temujinkhan6326 3 роки тому +21

      It passed city builders and city inspection.

    • @artochoa4040
      @artochoa4040 3 роки тому +5

      obviously that didn't work

    • @photios4779
      @photios4779 3 роки тому +1

      That's why you need to double check everything yourself and not naively trust what others tell you. If they're wrong, you're the one that's going to be out of luck. Locate the official survey records and find the survey pins along the property boundaries so that you can be 100% certain where those boundaries actually are. Don't let the negligence of others be your downfall.

    • @Ward00
      @Ward00 2 роки тому

      @@artochoa4040 Buyer should have had own property survey done before buying house.

  • @powerhousegaming9286
    @powerhousegaming9286 5 років тому +16

    I can relate to this lady. The builders of my house built the septic tank plumbing past the property lines and didn't tell us. Now we gotta pay to have it redone because somebody built a house on the side of the property that has the overlapping pipes.

  • @nancypine9952
    @nancypine9952 6 років тому +80

    There have been other situations like this over the years, but there was one in New York several years ago that was much worse. An elderly widow liked to drive around every one in a while and examine her various real estate properties. (Or rather, be driven around by her chauffeur). She arrived at one piece of property that was supposed to be empty, and found eight homes occupying the land. Apparently a builder had mixed up two pieces of land that were a couple of blocks apart, and accidentally built several homes on the wrong property. People had been living there for a couple of years. And the widow was not interested in exchanging property. She wanted her own property back, and she wanted the property as it was originally; in other words, without all those houses, and with the trees restored. I never did find out how it was resolved, but the builder had made a million dollar mistake.

    • @geo-george2639
      @geo-george2639 5 років тому +39

      Sounds like more than a million-dollar mistake.

    • @mariaweston5477
      @mariaweston5477 4 роки тому +5

      NYC? A million! lmao

    • @linanicolia1363
      @linanicolia1363 4 роки тому +20

      The trees were the losers. They cannot be replaced in that old lady's lifetime. She must have had a bird ! I would have ! Trees are magical to me. I don't want to see them cut !!!!!!!! they are the lungs of the planet and these poorly built houses will not last but a few decades. A lot of destruction for nothing ! Builders have no souls.....but they have greed !

    • @vevelove5959
      @vevelove5959 4 роки тому +2

      Maria Weston the op said new york not nyc

    • @verucasalt9182
      @verucasalt9182 3 роки тому +5

      lina nicolia the lungs pf the planet are really the sea . The algae . Check it out.

  • @mrsparex
    @mrsparex 5 років тому +10

    hopefully the neighbor is an honest soul who'll work with her.

  • @lennytompkins9767
    @lennytompkins9767 6 років тому +16

    The builder's E&O liability should pick this up; she just needs to get a lawyer and file the claim or file a lawsuit and make the builder file the claim. Top tip: Always get a survey, never trust the builder.

  • @blakehorn229
    @blakehorn229 5 років тому +13

    As a builder I'm not sure how this happened. First and foremost to building a structure, you call for a survey to be flagged. Keep things moving after. I feel for the builder and the homeowner but in terms of liability the builder is definitely at fault....but at the same time, how did this get approved during the permit process?

  • @davidkennedy8754
    @davidkennedy8754 6 років тому +383

    Get it surveyed before you build Stop trying to save money by leaving the surveyor out

    • @michaelanderson1859
      @michaelanderson1859 6 років тому +9

      David Kennedy absolutely yes. I contacted a surveyor and home inspector at at own expense before even considering putting a deposit down on my first house

    • @califdad4
      @califdad4 6 років тому +40

      shouldn't the builder have to do that? Basically he misrepresented this property, and may have opened himself to a lawsuit

    • @YanksandBritsProductions
      @YanksandBritsProductions 6 років тому +3

      David Kennedy
      What does a surveyor do, do they check everything out and tell you exactly what your property lines are??

    • @califdad4
      @califdad4 6 років тому +2

      most fenced neighborhoods, are already set up, the developer pays for the surveyor. I'm in California so most neighborhoods are set up already. If its a big lot or acreage yes, you need a surveyor

    • @califdad4
      @califdad4 6 років тому +7

      the builder should have done the survey and then known were to put the deck and the house. This builder opened himself to a major lawsuit

  • @daveintheblackhills282
    @daveintheblackhills282 5 років тому +8

    My neighbor told me the property line had a bend to it, starting at a pin in front then passing 25 feet away from his detached garage. But my paperwork showed it was straight. So I hired a surveyor and the line was straight, passing just six feet from his garage. At least it does not go thru his garage.

  • @ElementofKindness
    @ElementofKindness 6 років тому +93

    Soooooooooo, where was the building department through all this?
    They want to know every little thing I do building my house, and I'm hundreds of feet from any property line.
    I guess a GC gets free rein when they build?

    • @daniels.3062
      @daniels.3062 6 років тому

      Shows you what good they are.

    • @brandoncaldwell95
      @brandoncaldwell95 6 років тому

      Thats because you have easements, setbacks, waterlines sewer lines and what not. Why a building cant be within 6ft of a fence or another building in my town.

    • @ArtisanTony
      @ArtisanTony 5 років тому

      It would not have raised a red flag unless it was obvious the home was too close to the setback and it is not actually the building officials fault. The bank should have required a foundation survey before the construction loan was converted to permanent financing. This is why you have title insurance and closing agents. They are the ones who apparently did not required the foundation survey.

  • @abe6495
    @abe6495 6 років тому +194

    Learn from other's mistakes, before buying, or building a house, you should do your research, survey, check for flood zones, public utilities availability, etc.

    • @SexyMuramasa
      @SexyMuramasa 5 років тому +11

      That is asinine because the average person doesn't know how to survey and wouldn't even know what the equipment looks like. That construction company and real estate lawyer were 100% the professionals that should have properly dealt with this.

    • @narutofanar
      @narutofanar 5 років тому +4

      diablojd52 Technology and the amount of information we all have access to today is so vast that any concerned homebuyer/builder could easily look up. Even if they do not understand the technical details that would require someone with years of experience, the person can still try to at least learn the basics so they could do a better job than doing nothing at all and potentially making the same mistake this woman did.

    • @SexyMuramasa
      @SexyMuramasa 5 років тому +10

      True but when you hire a certified professional that is licensed and insured you expect to be safeguarded from such stupidity. This was NOT the responsibility of the homeowner to survey their own property. This is 100% on the builder.

    • @RaleighStoughton
      @RaleighStoughton 5 років тому

      Pay a surveyor to come out and survey your lot and then have the contractor disregard the survey and pull tape off of the silt fence. Happens way too often, they just have to sue the contractor and everything will be taken care of.

    • @wildbill31
      @wildbill31 5 років тому

      I can tell you one thats missed by many septic tanks and yes some in city limits do still have them even tho legally they was supposed to connect to sewer line

  • @ffg200
    @ffg200 6 років тому +13

    I hope everything works out for the home owner 🙏🏻🙏🏻🙏🏻🇺🇸

  • @royhoco5748
    @royhoco5748 3 роки тому +5

    similar situation in my town, a man built his house over the line, two bedrooms. he was told his options were to either buy the land from the owner at the owners price or tear it down. case closed.

  • @markwheeler202
    @markwheeler202 5 років тому +14

    Why didn't the builder of the new house stop the work and ask some questions before tearing up this lady's yard? Pretty obvious something needed to be sorted out.

    • @russr
      @russr 2 роки тому

      it wasn't her yard, so not their problem,,

  • @sc0368
    @sc0368 4 роки тому +7

    This builder built a house without
    surveying the lot...

  • @certifiedyaminspector-dadd6224
    @certifiedyaminspector-dadd6224 6 років тому +27

    I dont know where this happened, but where I am, in order to get a building permit, you must have 3 copies of your surveyed site plan to go along with architectural drawings.

    • @matemahe
      @matemahe 5 років тому +2

      Daddy SmokesYams yep

  • @STho205
    @STho205 6 років тому +8

    Welcome to GA. I don't need no survey, I can see where the property is and my memaw said if you stand on this stump and look at that tree....
    Common story, and many "builders" back in 2005-2008 don't exist anymore so good luck there. Also when the lot next to people didn't get built, the owner starts to spread. Then they say they are sure the new surveyor is wrong as they have "the biggest parcel on the mountain" when in reality they often have the smallest. They then start sabotaging the new construction or blocking driveways.
    Bravado usually indicates they knew it all along and hope you back down. I've seen survey flags moved. Lot pins moved, benchmarks covered up by piles of earth and deadfall. "They can't do that it's illegal!" says the very people that did it.
    It is often like dealing with Irish Travellers. The funny thing is all the No Trespassing signs atop trash and unkempt properties, when the very posters trespass themselves on a daily basis. Sort of a one way glass.

  • @zacharykurtz2149
    @zacharykurtz2149 3 роки тому +16

    Crazy being able to afford a home that large and want to be so close to other people like that

    • @nameisprivate5429
      @nameisprivate5429 Рік тому +1

      Damn right. I always marvel at the folks in states where property is insanely expensive. Where I live I could build a mansion on 50 acres for what I see some folks paying millions for a literal 1/4 acre of land. It’s horrifying. Can they throw toilet paper from one bathroom window to the other? I could never. I can wander naked outside and no one would ever see lol. That’s how I like it.

    • @gladitsnotme
      @gladitsnotme Рік тому

      @@nameisprivate5429 Why do you marvel at people wanting to be near family, friends, transportation, jobs, and infrastructure?

  • @zudemaster
    @zudemaster 6 років тому +99

    Its times like this where I am glad I am poor so I cant afford to have a new house built and have to deal with these problems.

    • @hotsauce3708
      @hotsauce3708 5 років тому +7

      Don't be silly. All problems are solvable.

    • @anonymousperson1327
      @anonymousperson1327 5 років тому +13

      zudemaster----the only problem is poor people have even worse problems, because at least people with money can solve most of their problems with their money. She can obviously afford an attorney to fight this for her.

    • @XFizzlepop-Berrytwist
      @XFizzlepop-Berrytwist 5 років тому

      Anonymous Person
      Depends on the case, some lawyers only take a payment if you win and they take a percentage of what you win, like 20-25%.

    • @linanicolia1363
      @linanicolia1363 4 роки тому

      well, you are making a point. Less stress !

  • @Damonh234
    @Damonh234 3 роки тому +4

    I had a similar issue that I luckily caught during construction. The builder constructed my sandmound (on lot septic system) half on our neighbors property. He based the location off of the wrong property corner and didn't look at the plans. He moved it and gave me a couple thousand dollars for the mistake. That would be a terrifying mistake to find after construction.

  • @GodisLovetoo
    @GodisLovetoo 6 років тому +42

    The city inspector should be at fault as well! Someone passed it!

    • @matemahe
      @matemahe 5 років тому +3

      Goddess Love yes!!!

    • @califdad4
      @califdad4 5 років тому +2

      Might be county and not city limits

    • @1Outis1
      @1Outis1 3 роки тому +2

      Yup, the city or county inspector. Don't forget the surveyor too. The contractor goes off of his mapping.

  • @valkyriesardo278
    @valkyriesardo278 3 роки тому +2

    I was given a plat when I closed on my house. It detailed the dimensions of my lot. I took photos of the property the day I received the key. The photos came in handy years later when I put up a privacy fence. The neighbor began insisting a portion of my lot had always been his. People have short memories and they hope you have a short memory.

  • @widndn
    @widndn 6 років тому +47

    Having a surveyor is a great idea because they are accurate to a pencil line........ yeah right.
    When I built my house I knew where the property lines were. After I had dug and formed all my footings and was ready to pour concrete, I called for a inspection, the building inspector wanted to see a surveyors report to confirm I had the proper setbacks, the surveyor reported that my house was 20 feet over the property line and I would have to cover up and redig the house footings. Man, I about had a heart attack, I was 50 thousand into the project and had to restart, what a nightmare, i dealt with it for a couple of days in a panic state. I mean a surveyor is the most accurate guy out there, how could he be wrong. Turns out he made a mistake in his calculations and I was correct in my placement of the house after all, needless to say he wasn't paid...by his agreement.

    • @widndn
      @widndn 6 років тому +10

      Idc Idc only after I insisted he had to be wrong and called him back. No real point to the story, just thought it was interesting if we are talking surveyor story's

    • @markcontracting3303
      @markcontracting3303 5 років тому

      Why ami seeing this drivel!?

    • @TiffanyTallent
      @TiffanyTallent 4 роки тому +1

      Oh hush! Why do you have to be so rude? Most people enjoy reading similar occurrences to the original version. Keep sharing OP! Don't listen to this negative Nancy.

    • @traceystock7352
      @traceystock7352 Рік тому

      You could have two good surveyors survey the same exact property boundary and stake it out and they would still be off by inches or more. Despite GPS and modern surveyor equipment, it's still not an exact science. That's why a lot of fence companies have firm rules that they will only install a fence several feet from the property line.

  • @SgtJoeSmith
    @SgtJoeSmith 4 роки тому +7

    Just remember a city inspector signed off on house

    • @richardwee9428
      @richardwee9428 4 роки тому +1

      The city inspector is inspecting the house, he doesn't care where property lines are, as long as it appears the proper setback have been met. In this case I'm betting everyone thought the property line was where the builder said it was. It not until the other builder had it surveyed the became evident.

    • @MamaMOB
      @MamaMOB 4 роки тому +3

      Richard Wee The city inspector is inspecting the house to make sure it follows the law. This house doesn’t follow the law. The inspector failed at his job. It doesn’t matter what he thought the builder knew. He should’ve done his job and found out it was wrong.

    • @richardwee9428
      @richardwee9428 4 роки тому +1

      @@MamaMOB Notice the HOUSE is on the property, a corner of her deck is overhanging the property line and a retaining wall that falls outside of the property. So as long as the setbacks were met and the code is met, the city inspector doesn't really care what else you're doing. As far as the city inspector knew, she had permission from the owner to use their property for her use. So the house is within code, she just doesn't have as much yard as she thought.

    • @richardwee9428
      @richardwee9428 4 роки тому +1

      @@MamaMOB Again the building met code that's his job the set back we're met anything else isn't his job

  • @stevevw3385
    @stevevw3385 5 років тому +2

    The owner of the property is under no obligation to accept any "solution" that is offered. Bulldoze it all away and let the builder fix it the way it should have been done in the first place!

  • @rayburton4867
    @rayburton4867 4 роки тому +7

    Anyone know how this ended?

  • @donmulder8061
    @donmulder8061 Рік тому +1

    We bought a non-HOA home on 4 acres over two years ago. A younger and apparently richer couple (judging from their entitlement) bought the nice home next door on 3 acres about 10 month after we bought ours. After a few months the couple started walking back and forth along the boundary line and in front of our house, checking their phones and looking at the homes across the street. They had a couple outdoor contractor types walking along the boundary one day pointing at our land and so I knew they were up to something. I knew the property line and corners but went ahead and had that line resurveyed and marked anyway then had some posts installed. The neighbors had a fit and came out and complained about me to the surveyor. Turns out they wanted to put up a fence on our property and figured they'd just do it because it's on their side of woods and a stream on my land (i.e. the property line is closer to their house than mine). So I disrupted their plan. Then they asked me if I'd mind if they could put their fence on our property. I said "Pfft..... do you mind if I park my car in your driveway?" We haven't spoken since. Having a boundary conflict with your neighbors is unacceptable in any form. It will serve as an irritant for you, they will abuse any easement or allowance you provide them and future buyers won't want to buy into it. Be rude, don't trust, and never allow an easement or encroachment of any kind.

    • @barreloffun10
      @barreloffun10 Рік тому

      There's a reason for the old saying "good fences make good neighbors."

  • @jesser5127
    @jesser5127 6 років тому +7

    The builder should pay the homeowner of the land infringed upon whatever amount of money for that extra little bit of land and have it re-zoned. That should be enough money so that they can move to another property if they don't like the smaller size of their yard afterwards.

    • @robertkubrick3738
      @robertkubrick3738 6 років тому +2

      I don't want to sell. Damn sure don't intend to move. Next?

    • @Dicknballz52
      @Dicknballz52 5 років тому +1

      Jesse R is how a controlling government thinks.

  • @largeshake9601
    @largeshake9601 5 років тому +2

    I mean how do you not know where your own property line is. Still the builder should be held accountable and i hope things worked out for her.

  • @dhw14
    @dhw14 5 років тому +3

    Our neighbors had a nice split rail fence put up by a reputable fencing company . Only thing was, it was a good 6 inches on my property. Not wanting a nice fence to be torn down just after it was put up, I agreed in writing that the property is mine, as well as the fence, but it can remain where it is and the fencing company put in 2 nice gates for me at no charge. Win win....

  • @patriciaspeicher6883
    @patriciaspeicher6883 4 роки тому +1

    I have a house built next to me and they used our address. Our home has been built since 1967. This new house was built in 2009. The contractor hooked up to our electricity and even for the water etc. it still shows our address. How would you like that to happen to you!!!! There is a lot more to it. I had to hire a surveying firm and because of the crazy woman who is still trying to take some of my property it is going to court. I hope to take her for everything I can get.

  • @jenntip
    @jenntip 6 років тому +84

    Wait....everyone who purchases a home or land receives a copy of their survey. Not only should the builder be to blame but the owner as well.

    • @niyablake
      @niyablake 6 років тому +5

      What about the title company ?

    • @ffjsb
      @ffjsb 6 років тому +4

      Biff, there have been PREVIOUS surveys done, and there are PRECISE descriptions of where the markers are, and the benchmarks they were measured off of. I know EXACTLY where my marker pins are, and I keep them clear of growth so they're accessible if need be
      I also know every easement and deed restriction that on my property.

    • @Joshg1984
      @Joshg1984 6 років тому +9

      jennti where do you live. I own 13 properties and I've never received a survey at my closing.

    • @ffjsb
      @ffjsb 6 років тому +3

      Josh, you should've demanded a survey. I've always received a DETAILED survey, and the complete history of when it was platted. The last acreage I bought goes back to the old military surveys. That should be part of the work the title agency does when they check for liens.

    • @ffjsb
      @ffjsb 6 років тому +1

      Biff, EVERY property has to have a PRECISE legal description of the property boundaries. How else are you going to determine where the boundaries are????

  • @lisah126
    @lisah126 5 років тому +2

    She could of just looked online. They have sites that show the property lines. That's what I did when I bought my house.

  • @trevorfuson715
    @trevorfuson715 5 років тому +1

    That's why there are setback lines on the former survey. I staked out a house where the builder thought the 50ft right away started behind the curb instead of the CL of the road. This in turn after adjustment put the front of the house on the edge of a cliff.

  • @HiFlyer371
    @HiFlyer371 4 роки тому +1

    Every state has laws about this and sometimes a person gets to keep the "extra" land. When my neighbor built his house next to mine 20 years ago he decided he didn't want to move the grass strip between his driveway and my yard and aligned the backyard fence inline with the driveway and a concrete pad on the side of the house. That gave me an extra 3.4 feet the full length of the property line. When the house was sold 6 years ago I mentioned it to the new owner and asked if he wanted to move the fence. He did the paperwork and "surrendered" the strip to me but was told that since I had been "using" it for over 10 years it was already mine.

  • @billm4330
    @billm4330 6 років тому

    Wow...glad I watched this..learned something...thanks

  • @DFMACK
    @DFMACK 2 роки тому +2

    Walk the property line yourself is terrible advice, unless you're a surveyor.

  • @MrOzzy281
    @MrOzzy281 3 роки тому +3

    Solicitors should've found this on the searches. Also she might qualify for an adverse possession claim

  • @leonlopez7721
    @leonlopez7721 2 роки тому +1

    You don't trust anybody lady. Always get a land survey before buying a property.

  • @georgejetson1267
    @georgejetson1267 6 років тому +7

    You want to start good relations with the neighbors right away....

    • @linanicolia1363
      @linanicolia1363 4 роки тому

      People are emotional about their properties. After all, they are paying the bills.

  • @genegeneish
    @genegeneish 5 років тому +1

    this is more common then you think. I've seen an entire neighborhood 10 feet off on each house. everyone gets an easement, and it's not that big a deal. that is why as a professional realtor, you NEVER make a statement about property lines. that is the easiest way to end up in court.

  • @mrdave2112
    @mrdave2112 6 років тому +5

    legal survey defines the lines.

  • @blueb4829
    @blueb4829 9 місяців тому +1

    It's still a better place and situation than moving back to NY. I can tell you that; I lived in NY for 20+ years.

  • @AZCobraman
    @AZCobraman 5 років тому +1

    The guy next door to us 'accidentally' put down his foundation too close to the property line in order to later split his lot in half and sell the rest (the lots here are 1.25acres min.) The guy on the other side of us was an architect and called it in. Boy was he pissed....

  • @lovemuffin1963
    @lovemuffin1963 5 років тому +2

    Any update on this?

  • @davidmicheletti6292
    @davidmicheletti6292 4 роки тому

    Years ago a local surveyor purchased over a half a mile of lakeshore on a very popular lake near where I live. He surveyed a road and sold many lake lots. The issue was the set back on the lots only went back fifty feet or so on most of the lake lots. That was an easy fix for him as all he did was tap the transit a few degrees away from the lake and he gained the need depth on these lots to make them sellable. The fact he didn’t own the land did not count. He quickly sold them to people then I came along twenty plus years later and noticed that the power lines in the area passed almost over the homes that were built along the lake, while the road going to these homes traveled over a hundred feet away. I thought this was strange and it didn’t take me long to realized the power lines were built on the actual property line. This surveyor was a crook and as it turned out made a habit of stealing land this way on every job sight he had ownership of. It took many months to fix this situation and in the end the owners were granted title though the Law of Adverse possession. I asked my still living mom about this surveyor and all she knew of him is she always thought of him as being some sort of crook but couldn’t prove it until I found out what he was doing.
    In fact the house I live in had some minor questions of where the exact property lines were, so I purchased title insurance just Incase there was an issue. In my case I knew the house wasn’t over the line but our septic was but in as much as the septic needed to be up graded it wasn’t a big deal to correct when I replaced the drain field. As it turned out the people I purchased the lake home from had hired a surveyor to redo the property lines without telling the people who were purchasing the land next door. The stakes were placed in the ground and everything but he must have chickened out and he did not file the new changes with the county. As it turned out we hide the very same surveyor to check the lines and he happened to be the very same person who did the survey many years before. The surveyor thought it was all really strange why they have him pull all the property lines and then did file the new changes with the county.the new stakes were still there but were driven very deep in the ground.
    It was a good thing I get along with all the people in our area and the first thing I said was were are not going to fight about this ever and we would work everything out, which we did.

  • @tracygibson3363
    @tracygibson3363 5 років тому +3

    The closing attorney is responsible for clearing any issues prior to finalizing. That attorney is culpable.

    • @ShellSellars-Smith
      @ShellSellars-Smith 3 роки тому

      Only to protect the lender's interest. Not the buyers. So this is why it is so important to buy your own Title insurance. If this Woman purchased her own policy at closing that will take care of any issues.

  • @MrRay2364
    @MrRay2364 5 років тому +1

    It's like that episode of That 70s Show with Bob and Red😂

  • @federico02072
    @federico02072 5 років тому +1

    I had my land surveyed and come to find out I had about 10 feet more on one side of the property then I thought

  • @shorttimer874
    @shorttimer874 2 роки тому

    Same problem here, 2nd house (the one we ended up buying) was built to close to the new property line. Fixed by an easement running the length of that side of the property before either our neighbor or ourselves bought our houses, but landscaping and driveway was never updated. Constant complaints from neighbor that we should give easement back because they think their property looks bad because of it. Their lot is a triple, ours is a single lot.

  • @David53D
    @David53D 4 роки тому

    For my Texas property I received a copy of a previous survey and located the metal posts that are buried indicating exactly where the lot lines are located. I guess other places do it differently.

  • @monica_954dale
    @monica_954dale 5 років тому +4

    Encroachment!😥😥😥everywhere i look it something going on with real estate 😆

  • @epoc162
    @epoc162 3 роки тому

    Sounds to me like the builder is entirely liable and should be forced to pay to make it right, no matter what that means

  • @tracy406
    @tracy406 5 років тому +1

    It's the corner of the deck not the house. Apply for an easement or remove the deck.

  • @schmidtzcargolbull
    @schmidtzcargolbull 5 років тому +1

    why did this report need to be live?

  • @Buckshotshoey00
    @Buckshotshoey00 3 роки тому +1

    At 1:45, they said the real estate attorney said an easement is a possible solution? Sounds like stealing land to cover a mistake.

  • @basillah7650
    @basillah7650 5 років тому +2

    Sounds like she knew about it which is why she was trying to sell before the others started building.

  • @MikeBaxterABC
    @MikeBaxterABC 6 років тому

    You can't get a mortgage in Canada without a licensed surveyor coming out and either driving new pins or painting the existing ones to show the lot lines. You have to give a copy to the lawyer

  • @califdad4
    @califdad4 6 років тому +1

    did the news do a follow up on this situation? I wonder what happened ? Looks to me like the builder built a spec home and these people bought it

  • @crazyforflowers7478
    @crazyforflowers7478 3 роки тому

    In India, a neighbor built his house on my father's property. When my father had it surveyed to sell it, a house was on his property and a family living in it. It was exactly the same size property, so for the family not to suffer, my father and the family went to the registrar's office and had the lots reregister. My father registered his in the family owner's name, and the neighbor registered his in my father's name. Thinking of it now, it never even occurred to us to have it any other way.

  • @rlltd3668
    @rlltd3668 3 роки тому +1

    Get the F off my property! Now! lol

  • @Bob-mn7ob
    @Bob-mn7ob 2 роки тому

    The builder is 100% liable. If I were the other property owner, no easement but I’d let the builder pay 10x the going price for that bit of land.

  • @ChristophProbst
    @ChristophProbst 5 років тому

    Many people don't understand plats. That is why they hire experts. They are clearly going to need an easement. There are a lot of factors here. If the builder owned both properties when he built her house and installed the irrigation system, then there would be an implied easement and the neighbors would have to allow her to use their bit of property that her house is on unhindered.

  • @watchgoose
    @watchgoose 6 років тому

    am so sorry....

  • @garyo4057
    @garyo4057 Рік тому

    When you have a vacant lot or land next to you, it’s important you know where your property pins are located. The silt fence is not a boundary.

  • @celebrityrog
    @celebrityrog 14 годин тому

    And I bet they were charged a price for that ENTIRE parcel as if it were their own property. Meaning, they paid more for less land and a house way too close to someone else's property line. That's fucked up. The builder and real estate company both need to pitch in and refund money for that property or they need to pitch in and purchase the extra property and make it wholely one lot.

  • @genegeneish
    @genegeneish 5 років тому

    The ex and i were in real estate. She had a development where every home was built 10 feet over there property line. And yes its solvable as they said, with an easement

  • @SpaceBuckaroo
    @SpaceBuckaroo 3 роки тому

    There is something odd on this video. First of all the house is not over the property line @1:14 (yellow). The deck and stairs is over the property line, and an easement can fix this. One big concern is her backyard is cut in half.

  • @jameshughes9087
    @jameshughes9087 4 роки тому

    That silt fence has not survived since 2007. It has been replaced at least twice. Survey company who most likely did the original platt and shot house corner pins

  • @skliros9235
    @skliros9235 4 роки тому +1

    Any update?

  • @mrf2869
    @mrf2869 2 роки тому +1

    Solution is you buy the home let the family move and take responsibility for your F-up. Sounds to me like a bad company who only wants your money and doesn’t care about its customers!!

  • @EternallyGod
    @EternallyGod 5 років тому +1

    Homeowner trusted someone else is her first mistake, laziness isnt a virtue that will help you in life.

  • @marymitchell9022
    @marymitchell9022 5 років тому

    I wish someone would mistakenly build a pool in my backyard.

  • @johnhanselman6371
    @johnhanselman6371 3 роки тому +1

    I wonder how this was resolved?

  • @dougdiplacido2406
    @dougdiplacido2406 3 роки тому

    In our area you cannot get a loan unless the lot is surveyed. And the builder should always check to see tht he/she is building on the right lot and in the right location on the lot.

  • @dominicoconner1973
    @dominicoconner1973 5 років тому

    This happened to my cousin his house was built on the property line & he discovered the mistake. He was lucky as the neighboring lot was not sold so the build purchased that lot & now my cousin has a double lot because of the screw up.

  • @sharontrotter8198
    @sharontrotter8198 4 роки тому

    Take the builder and all involved to court over their very poor handling if your build.

  • @junkyarddawgs9956
    @junkyarddawgs9956 6 років тому +1

    The city are county inspections dept should be held accountable because they sign off on all the setbacks when they gave the go ahead to pour the foundation. Somebody was not doing there job should have been caught.

  • @bobbyblair2112
    @bobbyblair2112 6 років тому

    Thats why homeowner's should supervise contractors.

  • @temujinkhan6326
    @temujinkhan6326 3 роки тому

    A simple solution would be the builder buying the home back. If not homeowner needs to bring it to court and request jury trial

  • @ceedaddy
    @ceedaddy 5 років тому +1

    That's a load of crap that the homeowners have to be penalized do to a mistake made by the previous builder... The property that they purchased, have been taking care of and have enjoyed using, regardless if it was legally theirs should be titled to them as they have been the caretakers since the purchase of the house...

  • @VegasRoofer
    @VegasRoofer 5 років тому

    Builder is 100% responsible. It happens!! It shouldn't!! But it's the cost of business when it does!

  • @stevelibby6852
    @stevelibby6852 Рік тому +1

    Everyone has a survey. They knew. Now they are playing dumb. Oh, this is six years old.

  • @cattigereyes1
    @cattigereyes1 2 роки тому +1

    WTF, sounds like incompetence to me. A loss of license should happen,

  • @larrykeenan598
    @larrykeenan598 4 роки тому

    Get your own survey and have him show you the property lines and corners. Don't trust the builder. He's not a surveyor.

  • @georgetaylor1063
    @georgetaylor1063 5 років тому +6

    I walked my property three times and twice with the builder, it's called being involved.

  • @hxhdfjifzirstc894
    @hxhdfjifzirstc894 3 роки тому +1

    Maybe don't hire illegal alien contractors, lol.

  • @funnymann4151
    @funnymann4151 3 роки тому +1

    How was this resolved?

  • @BrianB14471
    @BrianB14471 5 років тому

    I guess down in the south they haven't heard of having a survey done before building. Up north the building inspector has to check the staked foundation points against the lot line setbacks before digging begins.

    • @j29maniac
      @j29maniac 3 роки тому

      Brian Boorman we do surveys “down south”, but people make mistakes sometimes. This sort of thing happens “up north” too.

  • @95SLE
    @95SLE 2 роки тому

    @2.05 is the best advice in the video. Homeowner should have had a property survey included, as a line item, in the construction contract or hired the property survey herself. This is what I would consider a costly lesson in life. Shame on the mess.

    • @waltertur9731
      @waltertur9731 Рік тому

      An aspilt survey should have been done after completion of construction would have known that the house was over the line

  • @DF-wj4zn
    @DF-wj4zn 4 роки тому

    Where's the surveyors certificate for the house in question ? The builder needed that to apply for a building permit .

  • @MrMJKRaw
    @MrMJKRaw 5 років тому

    Australian Surveyor here, happens here generally when the builder is too cheap to get a property boundary survey or ignorant of the importance of knowing the boundary position. It should never happen.