Couple barred from building home on new property questions surveyor

[@Ewoodmi]

The broker and the previous owner will be on the hook for mis representation and possible non disclosure of material facts. Duke has an easement so they are fully in their right

[@ВетерПеремен-р2ч]

Land has no value at all

[@1evilsprout]

No they won't. She should have done all her research before she bought that property. She should have hired a title lawyer.

[@ВетерПеремен-р2ч]

@@1evilsprout yes they will

[@1evilsprout]

@@ВетерПеремен-р2ч It's not the real estate agent's job to disclose anything to you. It's your job to find out. This type of thing happens often and always ends up in court. The real estate agent doesn't have to show up. It's really a case closed situation.

[@ВетерПеремен-р2ч]

@1evilsprout yes, it is their job to disclose, in this case its criminal fraud and they should go to prison

[@doylefoust4802]

The power company should buy the dang lot

[@JameyLane]

Why would they wanna do that?

[@tvviewer4500]

Why? They have a easement

[@UncleDavesKitchen]

they paid the owner in 1955 for the easement. I think that takes them off the hook, it should have been disclosed to every buyer.

[@KILLKING110]

​@@UncleDavesKitchen no if they knew that building on that lot would be compromised they should have just bought out the previous owner to prevent issues.

[@UncleDavesKitchen]

@@KILLKING110 or sold it cheap to the neighbor for an extended lot. Or the city buy it. something other than sell it as worthy for building on.

[@tuomasholo]

You are required by law to disclose material information in RE sales.

[@LaughingblueSu]

Shouldn't the title company have found this? Isn't that what the appraisal and title search is for, to assess value and make sure no encumbrances on the property to protect the lender.

[@UncleDavesKitchen]

title doesn't cover easements.

[@brody8838]

​@UncleDavesKitchen error and ommission insurance does, and this is what a title company should have in place.

[@UncleDavesKitchen]

@@brody8838 if that is true she has nothing to worry about.

[@lemondropkid6175]

it was on the title search but the buyers thought it was no big deal

[@LaughingblueSu]

@@UncleDavesKitchen they don't? Then who does? My easement was on documents I received from the title company

[@gregoryboyer4390]

I am a retired land surveyor after 35 years. The land they bought did not have a clear title. We did our own deed research and found many Subject to's that never were included in the chain of title. If you can't build on it, get your money back or farm it. Grow pumpkins,corn,Christmas trees, flowers. This could be a blessing in disguise. Get friends or family and make it happen. Community gardens that pays you a fee for a piece of land they can grow what they like could be an option. A lot of people do not have room in their yard to enjoy watching things grow. Just a thought for what't its worth

[@BunnyMan-ec4xg]

Great suggestion.

[@gregoryboyer4390]

@@BunnyMan-ec4xg What part? There were several.

[@byron561]

"Couple knew there was an easement but had no idea how large it was"? Part of their due diligence should have been to find out the size of the easement, I mean seriously. Real estate agent and surveyor will end up paying the price for their part, but the couple really should have simply looked up the book and page number online to find out the size of the easement that they admit they were aware of.

[@SeattleBoatdog]

Exactly… I have a 10 foot utility easement that runs along the front of my property, and they 25 foot wide, utility easement for a storm drain that runs down at the very bottom back of my property… They failed to do their due diligence, and the realtors and everyone else failed them in the process

[@todddunn945]

Absolutely, failing to determine the details of the easements is on them. That is particularly true since You can search the property records on line in a few minutes. It took me less than a minute to fine the book and page search at the Hernando County Clerk's web page.

[@blaydCA]

EXACTLY! They'll learn for the next purchase. Meanwhile they own a nice patch of WORTHLESS land unless they use it for a garden

[@JameyLane]

The lot had a transmission pole already, that should have been a pretty serious flag that there was an easement. You don't have to be a surveyor to see it.

[@byron561]

Couple admits they knew there was an easement, but somehow, they did not think to find out the size of the easement before buying? Wow, just wow.

[@neilkurzman4907]

It had a small power pole. Now it has a larger power pole. And no one told him the easement covered the entire lot, except one small corner

[@countbenjamin1442]

I have several small power poles along my property. I would never think that I don't have the ability to build, especially when they came and replaced those little poles with massive giant ones that would alter how close I can build to them

[@neilkurzman4907]

@ It doesn’t matter the size of the poles. The easement covers a specific area of the property. Even with the little pole, they weren’t allowed to build in the same area on the property.

[@JameyLane]

@@countbenjamin1442 Do you have any power pools right in the middle of your property?

[@cmbmusicproductions1870]

Since 2020 accountability is very hard to find…anywhere. Most people do not do their job correctly.

[@neilkurzman4907]

2020? Did something special happen in 2020?

[@lisalastnamesmith]

I'm suing. Everyone involved with the sale of that property is getting sued.

[@svencouture2598]

This sounds fishy…and I wouldn’t wanna be the Land surveyor in this case🤔

[@yatta99]

If the utility company has an easement on a piece of property so large that it makes the property unusable for anything else then the utility company needs to buy it.

[@Brap-pl2me]

The utility likely owned the easement before the property was subdivided.

[@chrismclaughlin4137]

Unless further owners pushed the unusable piece into one place and then sold it with bad intentions, why would Duke want it if they have what they already need and paid for it in 1955?

[@jericho86]

Surveyors aren't "required to visit the property." Failing to visit the property means you haven't done a survey at all. Stamping a deed plot and calling it a survey is just fraud.

[@jimharpole7946]

I think they said Are Required.

[@chrismclaughlin4137]

It was my quote, surveyors (and by extension, their employees and/or agents, like field crews) are required to visit the property for a boundary survey. The survey even showed that all 4 corners were set, which is more indication they claim they physically stepped foot there (if they even set the corners).

[@jericho86]

@@chrismclaughlin4137 I am a surveyor. My point was that if you don’t put boots on the ground, you haven’t done a survey.

[@odellhall7451]

🙋🏿 LAWSUIT 101.

[@niveknospmoht8743]

I am getting issues somewhat similar to this in my area with our local water district. We had a meeting at their offices where they were asking for a 50' easement which would have cut off about 1/2 acre of my property. Me and some other homeowners told them if they wanted the easement they are basically taking it from us and still having us pay the taxes on the property we can no longer access or be able do anything with it. We held firm and told them they had to buy the property and redo the property lines. That was 2 years ago and so far have dropped the project

[@ronbennett7885]

What real estate company listed it? News reporters often don't name names. Guessing they get advertising from them. Don't know. People should be told who does bad work.

[@jimharpole7946]

As a Land Surveyor, missing the 30' pole (the only thing on the property) would be my big issue. Title is not always provided in residential surveys so the fact that there was a recorded easement may not have been know, but the pole and direction of the overhead wires would have been a huge indication for the home buyer to look deeper.

[@nachomom-fk2bi]

Of course you are well aware of what happens to especially children when they live and grow so close to those things. Right?

[@yamistovall]

I'm going to be reaching out to you I have have a case similar to this but 100xs bigger. Just want the public to know and be aware. Enough is enough. Thank you as always.

[@UncleDavesKitchen]

Sounds like she did all she could have done to validate the land. The easement is over 50 years old so I'm guessing that's why it's not showing up on title document.

[@chrismclaughlin4137]

It did show up in title, but wasn't provided to the surveyor. However the surveyor didn't survey the pole and wires to show them and put the buyer on notice - the buyer should have had their own surveyor to make sure the surveyor is working both independently but also seeing the land from their perspective.

[@joedirt7113]

What happens when you skimp on a survey.

[@mattb12]

Immediately, filen a lawsuit against the listing agent, surveyor, and title company.

[@Bob-p2q9q]

Near where i live the power company is replacing wood poles with larger metal poles for increased capacity,if you went out there 2 months ago little pole now real big pole

[@daviddahlgren9603]

Or . . . The Survey was done on a Laptop , from a nice cool bar !

[@janebartholomew2247]

There TITLE COMPANY should pick this up …

[@MacandArney]

Real estate agents will say anything to make the sale. I have seen them tell potential buyers where the property corners are, but the spot they're pointing out is 50', give or take, inside the neighboring lot.

[@StormyTuesday5108]

Yes, a realtor told me my driveway would go through someone else's lot, and there's no easement

[@pwu8194]

Utility poles are a red flag, especially when it goes across your property line. They typically require clearance, incase the lines break.

[@FiFo911]

The giant power poles might have been an indication?

[@MamaLee5]

They should’ve bought real estate insurance where those things are disclosed. It sounds like a lawsuit waiting to happen.

[@lisaroswell3357]

One would think that the seller would know the details of the property and was looking for another sucker to unload the property to. I think all parties share a responsibility here. Do your due diligence and do your job, the right way.

[@bradbradshaw-i4n]

the seller didn't disclose this. take them to court.

[@gregmullins2610]

People don't won't to pay surveyors.

[@HelenWallace-q3e]

Get your own survey. Easements shouldn't carry over to new owners.

[@ericmugpro]

I have sent nexgen to court a few times and we have a portfolio in our office of their inaccuracies

[@ImprovmanZero]

This sounds like a scam. The company gets to use the land and isn't on the hook for any of the money?

[@Sivart308]

Let’s get one thing absolutely straight, you say thank you to those damn surveyors for figuring out this problem for you… it is not the surveyors fault, they have to make you chicken salad out of the chicken shit YOU purchased, people are beyond irresponsible.

[@patrickradcliffe3837]

File a claim against the sellers realtor bond for false advertizing and failure of due diligence.

[@davidkerk5676]

Its called due diligence, someone didn't do it.

[@_Tr0ll_]

So a boundary survey does not capture physical obstacles on site (that is called a topographical survey, which is a separate task) the surveyor would need the title report from the owner so identify any easements - the fact that the owners/real estate agents did not research those deeds in their title report, was a stupid mistake to make. If you don't understand the documents, hire a land use attorney to help.

[@chrismclaughlin4137]

In FL, a boundary survey does show improvements and if the client does not want them shown, a note to that effect must be shown on the face of the survey. Ref: Chapter 5J-17.052(5)(b), Florida Administrative Code

[@countbenjamin1442]

Sounds like the previous owners and the surveyors might be part of a lawsuit for emotional distress, which I think in my mind you're moving or doing all that should amount to over $100,000 in civil fines

[@shanerogers9386]

“Real estate professionals”

[@ericaf7945]

Due the realtor and seller. That’s fraud

[@smar5812]

Uh… I’d say the seller had an obligation to disclose the right of way, that being said, who were their real estate agents? If the land is anywhere near huge electrical power lines, that’s a giveaway there is an easement/right of way and building restrictions or ban. I was looking into land back in 1990’s when just married and wanting to find a lot and build, before the big boom and one thing I always checked, especially if there were large power lines running through the property, that’s COMMON SENSE. There were some 5 and 12 acre lots cheap, because 75% had easements and no building allowed… not that I would build near main trunk lines. Another issue to watch out for is land near any water… as there would be issues with septic drain fields as most were not on main sewer lines. I guess common sense is dead these days and it’s always someone else to blame

[@MrSupermario33705]

Lots of red flags here. How did they think they could buy land in FL for only 17k? Why would they use the sellers survey? Did they have their own realtor?

[@jimharpole7946]

not FL?

[@MrSupermario33705]

@jimharpole7946 Brooksville, FL is a city just north of Tampa, FL, where they bought the land.

[@BunnyMan-ec4xg]

If u can make $, its legal in Florida. These people are lucky they are not out hundreds of thousands.

[@mkelsho]

Yes the survey company should have shown the, at the time of survey, a wooden utility pole, however that would not have changed the survey. The buyer and especially the title company should have done their due diligence, which they obviously did not. Smearing the survey company is piss poor journalism. If you want to smear a company on the news, do it to the company directly responsible, the title company.

[@lemondropkid6175]

does anyone else notice wifey says "I can build a home" she doesn't say "we" although it says a couple bought the lot. The buyers say they knew of the easement but thought it was no big deal.

[@phillipmatthews8341]

Title company bond will pay

[@RobertWilliams-wu6pb]

Sue, sue, sue!

[@Billtwiggmeister]

Don’t buy a piece of property with a huge power pole and transmission line going thru it. Duh.

[@HelenWallace-q3e]

😅no mistake, or poor training...its deliberate mis- representation and deciet

[@MrLegove]

do your research people, and your relator should of told you deff your fault and theirs. were full anyway

[@williamallen7194]

Some one got the shim sham well they say a sucker born every minute

[@dnddetective]

The realtors should have disclosed this but the couple are still morons. Even before the utility company put in the new concrete pole there was an older utility pole in the middle of the land. That should have sent alarm bells off for the couple. How can you not investigate what easement exists to permit the pole?

[@richardschaffling9882]

I feel the electric company should be made to buy all the properties that there poles are on the electric companies where I live are trying to make people a right of way through there property before they will come put electric to your home

[@chrismclaughlin4137]

You know we're the ones who pay the electric companies money to buy all of that land right? Economics is circular man.

[@richardschaffling9882]

@ yes I realize that but they should not be allowed to force you to give them a right away to peoples property

[@randycarter2001]

Why is the power company selling the land in proximity of the power lines? This creates all kinds of issues with easements and property rights. Like if I own the land I can put up an 8 foot tall concrete wall around it and prevent any power company access. Also I could demand rent if the wires are over my land.

[@robertm5969]

You cannot put a wall around the electric pole, there will be an easement in your deed. I have power lines in my far back yard and I can't fence in the electrical lines, 10ft on each side of the line

[@neilkurzman4907]

The power company didn’t sell the land. They have an easement. And no, you can’t put a wall around the power companies easement. If you do, they will take you to court and you will lose. If it’s an emergency, they will get the police and a contractor and destroy a wall and charge you for it. And you will be forced to pay by the law. No, you can’t charge them rent. You could send them a piece of paper and they will throw it away. If you take it to court. Again, you will lose. If you damage their equipment, you will be arrested. Don’t make up your own rules in life. You will end up very sad.

[@JaredJanhsen]

That's not how easements work. The power company likely negotiated the easement from some prior property owner when this lot was part of a much larger parcel. When the power company has an easement they do not owe you rent, and you cannot block them from accessing their infrastructure. This lot never should have been separated from the adjacent property since nothing can be built upon it other than fencing it in.

[@chrismclaughlin4137]

You can't demand anything after the easement has been considered by a previous owner - this is the point of title professionals and title work, you agreed to the easement when signing all of those closing documents and they are there to point it out to you. You can't demand rent, the power company will laugh as it's not in their original agreement with the land and you can't modify that agreement without them sitting at the table too. Also build the wall and they have a great case for you violating that agreement and them making a few more bucks in court off of your ignorance...

[@drksideofthemoon6899]

Duke should make it good and buy the property

[@Brap-pl2me]

lol. Why?