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House built on wrong Lot

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Terry Caldwell

Sophomore Member
Joined
Nov 30, 2005
Professional Status
Certified Residential Appraiser
State
Florida

Restrain

Elite Member
Joined
Jan 22, 2002
Professional Status
Certified General Appraiser
State
Florida
There's a new home builder that built a home on the wrong lot. The home now belongs to the other property owner, as someone other than the builder owned the lot. So the builder had to build a second home on the correct lot. Now the person who received the inadvertent home is suing the builder because it was the wrong floor plan.


Back in the early 80's, I got involved in a similar situation. Property had been transferred several times, involved four lots, two typical lots, and two oversized lots. However, the last three transfers showed only the two typical lots, so the property only included the residence, and HALF the swimming pool. Interesting thing was that the survey, which was supposed to be based on the legal for the deed, included the two oversized lots. I talked with the title company. They figured that the surveyor was going to be on the hook for the costs to cure on this one.
 

Metamorphic

Senior Member
Joined
Mar 15, 2008
Professional Status
Certified Residential Appraiser
State
California
Prekker sounds like a real prat.... "That's not the property I was dreaming of,". It a quarter acre tract lot he's see a couple times in the last 40 years, gimme a break. He should just agree to the exchange of deeds.
 

Terry Caldwell

Sophomore Member
Joined
Nov 30, 2005
Professional Status
Certified Residential Appraiser
State
Florida
There a thousands of similar lots, nothing special that I can see. It amazes me that this wasn't discovered before now, especially since the house has changed hands. Of course, the first thing I did after reading the story was check my work files...Fortunately, this address didn't come up!
 

Wendy

Senior Member
Joined
Feb 23, 2004
Professional Status
Certified Residential Appraiser
State
Florida
Prekker sounds like a real prat.... "That's not the property I was dreaming of,". It a quarter acre tract lot he's see a couple times in the last 40 years, gimme a break. He should just agree to the exchange of deeds.

My thoughts exactly!
 

Thomas Fiehler

Senior Member
Joined
Jun 2, 2003
Professional Status
Certified General Appraiser
State
Ohio
Back in the early '80's I appraised a house for the owner to determine a value loss because his neighbor's house was built too close to the property line. Owner had a corner lot and he requested thru zoning that he be allowed to move the house a few feet closer to the road but they denied the request. The neighbor came out when they were grading the yard and asked why they were removing his sod. The final on this was that the owner of the house that was built too close to the lot line sued the builder, who was also the developer in for this subdivision, and they removed the attached garage and relocated it to the rear of the house. Not sure what the builder ended up paying but my client decided to install a privacy fence which just made this stick out like a sore thumb.
 

Jo Ann Meyer Stratton

Elite Member
Joined
Jan 16, 2002
Professional Status
Certified Residential Appraiser
State
Arizona
One of the most interesting research problems I did as an ad valorem appraiser was the location of a church constructed about 1880. Going north from the old highway, which was a street in 1880 are three lots along Third Street. While field checking improvements in the area for the assessment roll I see a vacant lot on the old highway, the 1880 church next and a house built about 1870 on the north lot. Then looked at maps, assessor's parcel numbers and building description. The home had transferred several times over the one hundred year period, each time using a legal description of the middle lot. The church was assessed on the north lot. So had to research back to the original patent prior to the town being subdivided in 1875. Found all the original deeds which showed the church owning the two south lots and the house being described on the north lot--just like the physical locations. However the house was sold for delinquent taxes on that house in 1892--and the lot number was typed in error on the Treasurer's deed. So from then on deeds and tax bills had the wrong lot number on them for the house and the church. Maps were not created for the assessment roll until 1964 and nobody had paid any attention to physical versus maps until I started researching about 1979. After I dug out and made copies of 1880's tax rolls, Board of Supervisor's minutes, Treasurer's deeds and all succeeding deeds since the original federal patent a meeting was held with the attorney's for the church, county, property owners, county officials, both title companies in the area, etc, etc. All those affected agreed to work together and exchange deeds so every one would have the correct deed with the correct legal description for exactly what they owned. That was fun--researching 100 year old documents and then finally getting a hundred year old mistake corrected.
 

Mountain Man

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified General Appraiser
State
Georgia
When I build new, the county and bank won't even let me cut dirt until we have a surveyor do a site plan and land development plan. So I have little sympathy for a builder who wouldn't pay $1,200 to avoid a half million dollar mistake. I also have to get a foundation survey after concrete is in, another $300... to make sure you ARE within the set backs! However, I still see houses on wrong lots on a regular basis, especially in more rural areas where county enforcement is lacking.
 

Couch Potato

Elite Member
Joined
Mar 15, 2004
Professional Status
Certified Residential Appraiser
State
North Carolina
Prekker sounds like a real prat.... "That's not the property I was dreaming of,". It a quarter acre tract lot he's see a couple times in the last 40 years, gimme a break. He should just agree to the exchange of deeds.
Why should he give away his house? It's not his fault someone gave him a house unintentionally. I don't know why the construction company would be involved in the transfer of the other lot, they already sold it. They haven't owned it for years. :shrug:

What kind of idiot pays $230,000 for a house in an undeveloped area without a survey? :new_all_coholic:
 

Joyce Potts

Elite Member
Supporting Member
Joined
Feb 6, 2005
Professional Status
Certified Residential Appraiser
State
Florida
Tell them to run an AVM on it.
 
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