Land problem

[randal]

Bought 10 acres in Decatur and have gotten house plans and all that done, met with the concrete guy today and have found out that there is a gas line that was mis represented on the survey that now affects where the house can go and basically I have to build my house right on the property line of my neighbor and right next to his house.. the whole reason of buying this place was more room and more privacy that I'm now not going to get because it the survey was wrong. i may would have still made an offer on the place but not close to what we paid for it. Is there anything I can do?

[CabezaBlanca]

I would lawyer up.

[More Liberty]

Ouch. That sounds like a significant legal issue.

[Bullseye07]

Who provided the survey and when was it performed? Those are the two main questions to answer. If you were intentionally given false information(meaning the owner knew the survey was wrong and said nothing about it) then you may have a case. Otherwise, probably not.

[SMUMan02]

It is an issue and if you have a lawyer you already have a relationship with and trust, you should give them a shout. If not, I'm a lawyer, let me know and I might be able to recommend someone in your area. There might even be a TBH-lawyer in your area.

[Outbreaker]

Bought 10 acres in Decatur and have gotten house plans and all that done, met with the concrete guy today and have found out that there is a gas line that was mis represented on the survey that now affects where the house can go and basically I have to build my house right on the property line of my neighbor and right next to his house.. the whole reason of buying this place was more room and more privacy that I'm now not going to get because it the survey was wrong. i may would have still made an offer on the place but not close to what we paid for it. Is there anything I can do?

Did you close with a title company and have title insurance. An accurate survey is part of that process.

[randal]

Who provided the survey and when was it performed? Those are the two main questions to answer. If you were intentionally given false information(meaning the owner knew the survey was wrong and said nothing about it) then you may have a case. Otherwise, probably not.

I don't know if he knew or not and if he did I don't know how to prove it. It had a line on the survey that I thought was pipe line but said survey line. I asked and was told it was a "survey line" because two different survey companies were involved. There was a pipeline marked towards the back that I knew about and was fine with. The pipeline that was represented as survey line had nothing in the legend that stated pipe line either.

[BSOB]

Did you close with a title company and have title insurance. An accurate survey is part of that process.

Thats what i am thinking. If the survey wasnt accurate, thats a problem.

[Froggy]

Give Mason Woodruff a call. He went to school with my wife here in Decatur.

http://www.woodruffwren.com/

Mason Woodruff has had a general transactional real estate practice in Decatur since his admission to the bar in 1983. His practice includes advising, documenting, and closing real estate transactions – including purchases, loans, leases, title curative issues, mineral issues, right-of-way matters, land partition and division issues, boundary line disputes, and generally all other matters related to the acquisition and ownership of real estate.

[Kevin]

I believe this is exactly what title insurance is for. Its also possible that whoever put the pipe over the land missed the easement.

[randal]

Did you close with a title company and have title insurance. An accurate survey is part of that process.

Yes we did close in south lake and have title insurance.

[JayB]

Not sure if you have a claim against title, but you may have a claim against the surveyor....it really depends if the gas line easement is recorded properly. Your title commitment would reflect any easements that are recorded. Before you spend money on an attorney, get with the title company and ask them if they have any recorded data in the file that includes a gas pipeline.

[randal]

Will try to post the the survey

[The Real CWB]

Have you called the title company and made them aware of error yet? I think this is exactly what title insurance is for.


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[hardtner]

Did you close with a title company and have title insurance. An accurate survey is part of that process.

I believe this is exactly what title insurance is for. Its also possible that whoever put the pipe over the land missed the easement.

Have you called the title company and made them aware of error yet? I think this is exactly what title insurance is for.


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This is not reliable info. Randal please get your advise from an RE attorney and not from well-intentioned, yet uninformed TBH members.