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How to deal with lying land developer

Discussion in 'Off-Topic Discussion' started by fireturk41, Mar 28, 2014.

  1. Mar 28, 2014 at 9:25 PM
    #1
    fireturk41

    fireturk41 [OP] I like to break shit!

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    I bought my house about a year ago from a construction company building a neighborhood. Well one of the major points to buying my house is they advertised I wouldn't have a house built to my right side... Well guess where they are starting to build? This pisses me off because had I known they were going to build that close I would have never moved here! Building a house there ensures no one will have space to park and crowds the whole cul de sac, not to mention they love to start working at 6 am Saturdays and Sundays included! How could I keep them to their ad and keep from building right next to me
     
  2. Mar 28, 2014 at 9:28 PM
    #2
    MountainEarth

    MountainEarth Well-Known Member

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    Got it in writing? Call a lawyer.
     
  3. Mar 28, 2014 at 9:28 PM
    #3
    Rich91710

    Rich91710 Well-Known Member

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    Did you get it in writing before you moved in?
    If so, hire an attorney and take them to court for breach of contract.
    If not, they lied, and you're screwed.
     
  4. Mar 28, 2014 at 9:30 PM
    #4
    fireturk41

    fireturk41 [OP] I like to break shit!

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    It was just in the fliers they used to advertise the house, which I tossed out long ago
     
  5. Mar 28, 2014 at 9:34 PM
    #5
    Bennett707

    Bennett707 Station707

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    I'd say you are SOL.
     
  6. Mar 29, 2014 at 6:01 AM
    #6
    Brunes

    Brunes abides.

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    Yeah...Ads don't mean squat. You signed a contract, and if that contract or some ancillary agreement didn't specify that your lot was going to be next to any empty lot...Probably out of luck.
     
  7. Mar 29, 2014 at 6:49 AM
    #7
    File IFR

    File IFR "... Intercepting The Localizer"

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    +1 All that.

    .. plus, there is a law around here where work (noisy work) cannot be done like that on Sundays, maybe you have the same law?
     
  8. Mar 29, 2014 at 8:10 AM
    #8
    ecoterragaia

    ecoterragaia Everyone lives downstream.

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    Confused as to why they would advertise that they would not build on an obviously buildable lot. Makes no sense.
     
  9. Mar 29, 2014 at 8:16 AM
    #9
    Bennett707

    Bennett707 Station707

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    Merica.
     
  10. Mar 29, 2014 at 8:18 AM
    #10
    MTgirl

    MTgirl too many frogs, not enough princes... Moderator

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    The builder/developer would have had to submit a site plan to the city to gain permits to start construction. This would have shown a master plan for the whole development/subdivision detailing out the size of each lot, occupancy for each lot, setbacks for any structures built, utility easements, etc. Unless the lot you're talking about was designated on that plan as a open space or park space you don't have much of an argument. I'd go to your city building department and ask to see a copy of the original plans for the area.
     
  11. Mar 29, 2014 at 8:21 AM
    #11
    AWorthyOpponent

    AWorthyOpponent Member Caught Off Road

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  12. Mar 29, 2014 at 8:44 AM
    #12
    SH7mi

    SH7mi Elite Performance Tune PA MD DE NJ

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    Like other posters referred 'unless you have it in writing' about not having an adjacent house you are out of luck.
    Addressing the issue of them working at 0600 hrs, I think you did not care about that when your house was being built.
     
  13. Mar 29, 2014 at 8:48 AM
    #13
    guitarjamman

    guitarjamman Well-Known Member

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    As already stated, go to the Planning Department at the Town Hall and ask to see the definitive site plan that was approved for the development. You will see the neighboring lot and it will either show a proposed house, or will specifically state "non-buildable" (but that is surely not the case because they are indeed building). I hate to say it, but there is not much you can do about this one. You can be the pain in the ass and put a few thorns in his side, which you have every right to do. Complain to the Zoning Dept. about excess noises and unreasonable working hours on weekends. They will stop them and at least you could smile a bit....
     
  14. Mar 29, 2014 at 8:51 AM
    #14
    snoope

    snoope Well-Known Member

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    X3.....When you purchased the lot plat had to be laid out.....

    Southwest Florida is recovering in construction and some "plants" are stretching their "working hours".....pi$$ing off more than a few....

    You should quickly be "jumping up your aldermans/councilors $hit" right NOW for the weekend activities.... or it will never stop....:(
     
  15. Mar 29, 2014 at 10:07 AM
    #15
    fireturk41

    fireturk41 [OP] I like to break shit!

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    I'll probably put a sign on one of my vehicles that says I'm dissatisfied with such and such developer ask me why...for this isn't our first run in. The lot next to me is a gas pipeline, I plan on calling them and letting them know the builders plans if they don't listen to me Monday.

    I've had warranty issues with them as well as their workers stole some tools from me and the response I get is that doesn't sound like my problem from the manager. They also block my driveway and mail box on a regular basis for a house they were building down the street.
     
  16. Mar 29, 2014 at 10:16 AM
    #16
    vbibi

    vbibi Well-Known Member

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    I think his problem wasn't why are they building? but why so close?
    It is a very good question, last year I was looking at some properties in N.C.
    I am asking you this? if this lot is just over 3 acres, why you have set the house at just 20' from next door neighbor? You know why? because they are so cheap and try to save a few dollars in the labor and the cost of utilities
    that have to reach the house from the street.
     
  17. Mar 29, 2014 at 12:07 PM
    #17
    File IFR

    File IFR "... Intercepting The Localizer"

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    Not always. Numerous factors play in the location, it's not just being a 'cheap builder'. If the OP is using a septic system, the location of the house is widely determined by where the leechfield is.



    All in all, I give kudos to you for purchasing a house at your age... It's nice to see you've got your shit together early in life. :thumbsup:
     
  18. Mar 29, 2014 at 3:43 PM
    #18
    ecoterragaia

    ecoterragaia Everyone lives downstream.

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    This is true to an extent, I used to design septic systems when I worked for the dept. of health. Most of the time the footprint of the house was already laid out by the time we were called in. Only in cases of a really tiny lot or a lack of suitable soils did we need to have the house location moved, and even then it was usually only a slight amount.
     
  19. Mar 29, 2014 at 7:45 PM
    #19
    TheGrayRider

    TheGrayRider MARANATHA !!!

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    There will be a utility easement for the gas pipeline, it will depend on how big the lot is and local building codes as to where the house can be built... The house has to be so many feet from easements and property lines and septic drain fields are a lot smaller than they used to be because of new design changes

    If you have a 'zero lot line' subdivision, the builder can build a few feet off the property line and still be far enough away from the utility easement to build. Some states will allow building almost on top of utilities

    The subdivision should also have bylaws and a HOA covenants that you agreed to prior to purchasing your house.

    I would do a little research before you go too far... The builder probably has someone telling him that he can build on that lot.
     
    Last edited: Mar 29, 2014
  20. Mar 29, 2014 at 8:27 PM
    #20
    Rich91710

    Rich91710 Well-Known Member

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    You honestly think they are going to stop construction on a house that they are going to sell for over $100k because YOU are pissed about it? :laughing:

    May as well make that call to the gas company if you think it will help, but if there is a gas pipeline under that property and they are building on it, the gas company already knows and they have an easement for it.
    Whoever buys that house will be REQUIRED to allow access to the property by a gas company employee. The developer/builder can't just "decide" that they are going to build on a lot.
    Someone owns it. If it's the developer, they can build on it if the city issues a permit. If it's someone else, then someone else can tell the developer that it's okay to build on it.

    If you don't have something in writing from before you purchased indicating that they would not build on the site, then your only option is to purchase the property yourself before they build, or buy it later and have the home demolished.
    If they are blocking access to your property, call the police and have them towed.
     

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