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Any recourse for an incorrect survey?

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  • Any recourse for an incorrect survey?

    Long story short me and the G/F moved into new construction at the end of last year. The goal was to get moved, settled in, and start the process of getting a pool in the early spring. Our backyard is not large at all but is plenty for what we want to do. Before and during the closing of the house we were both very careful in reviewing the survey for utility easements or other obsticles that would limit our backyard size. The pool with decking would almost take up the whole yard from the back porch to the fence as it is so we were specifically looking at that area. the survey shows a utility easement on both sides of the house but NOT in the back where we would share a back fence with our neighbor.

    Fast forward, we shop it out and have selected a builder and start that process. They call the 811 (call before you dig) people and they wind up marking almost down the center of the back yard all the way across where a power line is buried. We go to the city and request info and the builder had an easement added back there because the line to power the light pole in the corner of our yard is tied to our transformer that is in the back corner of the back yard. They dug the most direct path to the pole to bury the line which is right down the middle all the way across. This fucks the whole pool plan unless I pay to move it and deal with removing or modifying the easement.

    There is no mention of this on our survey that was provided as a document during closing. The line was there before the build started as when you pull the address on google maps you can clearly see where they dug to bury the line when the lot was still empty. Can I do anything about it besides bitch and whine?

  • #2
    You could sue the builder, I bet it's the only option. You might have a case with the survey co, but I doubt it.
    "If I asked people what they wanted, they would have said faster horses." - Henry Ford

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    • #3
      It is the responsibility of the Title company to research and disclose any easements at the time of closing. Check your paperwork. You may also have a beef with the title company as well.

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      • #4
        I thought that's what title insurance was for...but I'm sure that shit is riddled with clauses to get the company out of shit.

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        • #5
          I have run into this a time or two. In every case the client simply paid to have the utilities moved. I'm not sure if they went after the builder or title company at a later date. Moving the utilities isn't as expensive as you would think. Gas lines are easy, so are water lines. That I can recall I don't believe I've ever had to move an electrical line.
          Magnus, I am your father. You need to ask your mother about a man named Calvin Klein.

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          • #6
            Originally posted by S_K View Post
            It is the responsibility of the Title company to research and disclose any easements at the time of closing. Check your paperwork. You may also have a beef with the title company as well.
            This. If the easement was not ever put on subdivision plats then whoever did the asbuilt survey etc wouldn’t know to put the easement on the plat. I’d go through all your paperwork and if it’s not listed have a talk with the title company.

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            • #7
              Originally posted by Musbrad2 View Post
              This. If the easement was not ever put on subdivision plats then whoever did the asbuilt survey etc wouldn’t know to put the easement on the plat. I’d go through all your paperwork and if it’s not listed have a talk with the title company.
              X2
              I see it alot of the time where utilities are not on the plans and are usually hit. Do you know what kind of utility it is.

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              • #8
                Originally posted by lincolnboy View Post
                X2

                I see it alot of the time where utilities are not on the plans and are usually hit. Do you know what kind of utility it is.
                It's a single electric line that powers a small neighborhood light pole that is on the other side of my fence.

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                • #9
                  Who was the title company? Is this easement not recorded?

                  The problem here is that if the easement was not recorded and put into the title commitment then the surveyor might never know about it. If the easement was recorded but was not on the commitment as an exception that is on the title company.

                  In any event, a real estate attorney is going to ask you what your damages are. Really I think the only logical answer is whatever it costs to move the utilities. IE not much.

                  Lastly you may want to consider this a sign from the heavens and not build the pool. They are a fantastic waste of money.
                  Originally posted by racrguy
                  What's your beef with NPR, because their listeners are typically more informed than others?
                  Originally posted by racrguy
                  Voting is a constitutional right, overthrowing the government isn't.

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                  • #10
                    Originally posted by Broncojohnny View Post
                    Lastly you may want to consider this a sign from the heavens and not build the pool. They are a fantastic waste of money.
                    AMEN ! I was so fucking happy when we sold our house , I will NEVER EVER have another pool. Poor fucker that bought the place had no idea what a PITA they are..

                    Helped my brother dig some fence posts in Garland. He had all utilities marked. We found a HUGE power line while digging. Power company came out and said OOOPS, sorry, don't dig there.. Shit happens.

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                    • #11
                      Originally posted by dcs13 View Post
                      AMEN ! I was so fucking happy when we sold our house , I will NEVER EVER have another pool. Poor fucker that bought the place had no idea what a PITA they are..

                      Helped my brother dig some fence posts in Garland. He had all utilities marked. We found a HUGE power line while digging. Power company came out and said OOOPS, sorry, don't dig there.. Shit happens.
                      That ain't no bullshit. I am buying a house right now with a pool that I don't want. It is small though so I guess I am going to have to deal with it. If the shit gets too crazy I might fill it in.
                      Originally posted by racrguy
                      What's your beef with NPR, because their listeners are typically more informed than others?
                      Originally posted by racrguy
                      Voting is a constitutional right, overthrowing the government isn't.

                      Comment


                      • #12
                        Originally posted by Broncojohnny View Post
                        Who was the title company? Is this easement not recorded?

                        The problem here is that if the easement was not recorded and put into the title commitment then the surveyor might never know about it. If the easement was recorded but was not on the commitment as an exception that is on the title company.

                        In any event, a real estate attorney is going to ask you what your damages are. Really I think the only logical answer is whatever it costs to move the utilities. IE not much.

                        Lastly you may want to consider this a sign from the heavens and not build the pool. They are a fantastic waste of money.
                        Yep, I have 20+ years at a title company. He's right.

                        Comment


                        • #13
                          Originally posted by Broncojohnny View Post
                          That ain't no bullshit. I am buying a house right now with a pool that I don't want. It is small though so I guess I am going to have to deal with it. If the shit gets too crazy I might fill it in.
                          No pool! Selling mine was awesome. New neighborhood will have, gym has one, and I don’t have the expense of filling, maintaining and a pump running way too damn often. New house electric bill = 25% of old house.

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                          • #14
                            Originally posted by Broncojohnny View Post
                            That ain't no bullshit. I am buying a house right now with a pool that I don't want. It is small though so I guess I am going to have to deal with it. If the shit gets too crazy I might fill it in.
                            You fools are moving?

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                            • #15
                              Originally posted by GE View Post
                              You fools are moving?
                              I’m moving to Toronto.

                              Not really, just moving over near the Tollway.
                              Originally posted by racrguy
                              What's your beef with NPR, because their listeners are typically more informed than others?
                              Originally posted by racrguy
                              Voting is a constitutional right, overthrowing the government isn't.

                              Comment

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