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Property/land issue

UsmcVet29

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ODT Junkie!
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just thought i'd see what the odt comminity thought about my ongoing saga.....
So i live in a neighborhood been here for 7 yrs and only 12 homes are here b/c the original builder tanked out in 09' and is nowhere to be seen.......since then a new builder bought everything and is building houses, well one of the first ones is right next to mine. They come out to start grading and pull the property lines and theyve now shifted about 30' towards my house and on the otherside shifted the same against my existing neighbor. I told them to hold up so i could have it surveyed and what would you know, the graders pulled them correct.......NOW theyve got into my fill lines b/c all along theyve been on the wrong property. And what do ya know my existing neighbors fill lines cross my (now recorded) property line on that side. Well kinda in a pickle, my new ones have to go where his are and he has to move his off my property. Hes an old geezer with nothing but time and money so now theres lawyers involved and threats to sue me b/c im gonna dig his out!? Really? It seems pretty cut and dry to me that we got screwed and gonna have to foot the bill.....as i said original builders are GONE. The county dont even know where they are.
Anyway some of you who know about this stuff or are lawyers and what not let me know if i have anything to worry about with the old man and his fancy lawyers. I told him hes gonna end up spending way more than its worth fighting all this than it would just fixing the problem and moving on........
I dont do drama and lawyers......the county has already came and looked and said "yea its f'ed up get it fixed" so whys it so hard to understand??
Yes before anyone asks the county did approve the original fill line placement but its not worth going after them and wasting the money for $2000 worth of fill line relocation.

Feel free to give any and all advice and ask questions ill try to keep up with this......
Thanks ahead!
 
Another side note....he has had a month+ to have this done and refused to use my guy so it could all be done at the same time. They are nagging me on the other side to finish grading so i gotta get this stuff done!
 
Didn't you have your own lawyer when you closed ??, if so contact him or you did you use the builder/realtors recommended lawyer ? which should be RED flags to everyone buying.
 
Are you talking about fill dirt to level your lots? If so the orig. builder could grade the lots however they wanted before he sold the house - it doesn't have to be on any specific lot. You and your neighbor are both fine. The new builder, however, can't put any new dirt on your lot unless he has an easement.
 
Didn't you have your own lawyer when you closed ??, if so contact him or you did you use the builder/realtors recommended lawyer ? which should be RED flags to everyone buying.


Yea i talked to our closing lawyer and he said they couldnt have known about any issues b/c the county gave the final approvals so they assume everything is good to go
 
Fix yours and remove his

You are allowed to do anything on your property just don't cross his property or you are screwed and will get sued

Thats what i am thinking......and probably will do but i hate to leave the codger without septic but whatever its his problem then
 
Are you talking about fill dirt to level your lots? If so the orig. builder could grade the lots however they wanted before he sold the house - it doesn't have to be on any specific lot. You and your neighbor are both fine. The new builder, however, can't put any new dirt on your lot unless he has an easement.
No.....fill lines off the septic tank
 
Did you buy title insurance when you closed? If so , it may provide some legal assistance up to repurchase of your house in an unresolvable situation. I had the same thing happen to me back in 2000. I resolved the problem by purchasing the lot my septic lines were buried on, didn't have someone's lines on mine. So my situation was fairly easy to fix. Good luck.
 
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