Pool Problem

What is the name of your state? Florida

I purchased a new home in Florida in February and was told by the ERA real estate agent that I could build a pool in the backyard. There was nothing mentioned prior to or during the closing that the St. John's Water Management District had a drainage easement which took 24 ft. of my 32 ft. backyard.

I met with the Public Works department in an attempt to get 10 ft. by 30 ft. of the easement vacated so I could put in my pool, but they wouldn't allow it.

I told my agent about the problem via e-mail and he regretted that I encountered this problem and wouldn't had thought I would have had a problem since other homes in the development had pools.

Obviously, my agent didn't do his homework and now I'm left with a house without a pool. What is my legal recourse with the agent and agency regarding this matter.

[joekelly1973]

Were you given a survey plat before closing? Presumably the survey plat would have shown the drainage easement?

[BelizeBreeze]

Obviously, my agent didn't do his homework and now I'm left with a house without a pool. What is my legal recourse with the agent and agency regarding this matter.

Not only was your agent an idiot, so too was the title firm and the closing attorney. This easement should have been found during a title search and should be listed on your deed.

You did READ all of the documents at closing didn't you?

If the easement isn't listed in any of the closing documents I would have a very 'come to jesus' meeting with a real estate attorney.

[nextwife]

OK now FLORIDAPOOL. Go get your title policy and review all the documents listed in the commitment's Schedule B2 and/or Schedule C and see if that utility easement was picked up in the title search and disclosed in that title commitment.

[HomeGuru]

Originally Posted by nextwife

OK now FLORIDAPOOL. Go get your title policy and review all the documents listed in the commitment's Schedule B2 and/or Schedule C and see if that utility easement was picked up in the title search and disclosed in that title commitment.

**A: then after that, reply back.

Yes! The easement was listed on the deed.

We never became aware of the easement until we attempted to get the permits for the pool. The agent said we could put a pool in the backyard and neglected to bring it to our attention that there was an easement during closing. The easement was listed on the deed, but I missed it.

Florida law requires that "The realtor must disclose all known facts that materially affect the value of residential real property which are not readily observable to the buyer."

Since the easement was listed on the deed, the realtor is not liable even though he misrepresented the real estate. Correct?

[HomeGuru]

Originally Posted by Floridapool

We never became aware of the easement until we attempted to get the permits for the pool. The agent said we could put a pool in the backyard and neglected to bring it to our attention that there was an easement during closing. The easement was listed on the deed, but I missed it.

Florida law requires that "The realtor must disclose all known facts that materially affect the value of residential real property which are not readily observable to the buyer."

Since the easement was listed on the deed, the realtor is not liable even though he misrepresented the real estate. Correct?

**A: yes and no. You were primarily liable to READ yout tile docs. If you did, the recorded easement is listed. The agent should have mentioned it to you.

Since I'm new to this whole "easement" scenario let me ask this. Why can you put a permanet two-car wide concrete driveway directly through a 10 ft. wide utility easement which runs parallel to the road in the front of the house and yet you can't install a swimming pool in the backyard which encroaches 10 ft. into a 24 ft. water drainage easement?

It doesn't make any sense to me at all!

[HomeGuru]

Originally Posted by Floridapool

Since I'm new to this whole "easement" scenario let me ask this. Why can you put a permanet two-car wide concrete driveway directly through a 10 ft. wide utility easement which runs parallel to the road in the front of the house and yet you can't install a swimming pool in the backyard which encroaches 10 ft. into a 24 ft. water drainage easement?

It doesn't make any sense to me at all!

**A: check with your local zoning official and a real estate attorney.

Thanks for your help! I'll let you know how the whole thing works out!

[nextwife]

If the utility easement is an access easement to get to their lines for service, etc,, your driveway does not interfere, and presence of a driveway does not stop access to a different portion of the lot through the easement.

A pool is a complication of a whole different magnitude. If directly interferes with the purpose of the easement.

[HomeGuru]

nexiie, I'm glad that you finally settled that.