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  1. #1
    ebw123 is offline Junior Member
    Join Date
    Feb 2008
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    1

    Recorded Plat vs. Survey

    What is the name of your state? Texas

    I have signed a contract to purchase a new patio home in a new 4-lot subdivision the plat of which was recorded in November 2006. The construction of the house has been completed. The lots on the plat are reflected as equal size - 50x50. On the survey completed on 12/16/2007, the lot sizes are reflected to be of a different size than the lots shown on the recorded plat. e.g. On the survey, my lot is shown to be 54.5x50 and lot behind me is now 45.5 x50. The legal despcription of my lot matches the survey. The same measurements apply to the other two lots that mirror my lot and the lot behind me.

    Should I be concerned that the actual lay-out of the lots does not match the recorded plat although a subsequent survey correctly reflects the lay-out?

    Should a replat or amending plat be done? If a replat, that could take up take two months to get approval from the CIty of Houston Planning Commission and the builder will probably not agree to the delay and I will lose a house I just absolutely love. He probably will not agree to an amending plat either. I will also lose a non-refundable $10,000 paid to have hardwood floors installed to replace carpet. I know, stupid move!!

    Would the deed with a correct legal description override the plat. However, the legal description now states the correct lot size, but it also states "in accordance with a plat recorded....."

    My first reaction is to RUN as fast as I can from a builder who would have made this kind of mistake, but I really want the house.

    Any recommendations of how to salvage this deal would be most appreciated. You do not know how much!!!

    Thank you.

    SusieWhat is the name of your state?
  2. #2
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
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    81,917
    Quote Originally Posted by ebw123 View Post
    What is the name of your state? Texas

    I have signed a contract to purchase a new patio home in a new 4-lot subdivision the plat of which was recorded in November 2006. The construction of the house has been completed. The lots on the plat are reflected as equal size - 50x50. On the survey completed on 12/16/2007, the lot sizes are reflected to be of a different size than the lots shown on the recorded plat. e.g. On the survey, my lot is shown to be 54.5x50 and lot behind me is now 45.5 x50. The legal despcription of my lot matches the survey. The same measurements apply to the other two lots that mirror my lot and the lot behind me.

    Should I be concerned that the actual lay-out of the lots does not match the recorded plat although a subsequent survey correctly reflects the lay-out?

    Should a replat or amending plat be done? If a replat, that could take up take two months to get approval from the CIty of Houston Planning Commission and the builder will probably not agree to the delay and I will lose a house I just absolutely love. He probably will not agree to an amending plat either. I will also lose a non-refundable $10,000 paid to have hardwood floors installed to replace carpet. I know, stupid move!!

    Would the deed with a correct legal description override the plat. However, the legal description now states the correct lot size, but it also states "in accordance with a plat recorded....."

    My first reaction is to RUN as fast as I can from a builder who would have made this kind of mistake, but I really want the house.

    Any recommendations of how to salvage this deal would be most appreciated. You do not know how much!!!

    Thank you.

    SusieWhat is the name of your state?

    **A: yes you should be concerend.
  3. #3
    DaveZTT is offline Junior Member
    Join Date
    Feb 2008
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    7
    If it meant the difference in getting my dream, house and not, then I'd just go with it.

    Is it worth losing a really nice home/location over? Or could you easily find better?

    bring it up to the builder see what he offers.
  4. #4
    DaveZTT is offline Junior Member
    Join Date
    Feb 2008
    Posts
    7
    I was going to edit again but...

    Its a buyers market for houses. Builders NEED sales, and there might not be another buyer to step up right behind you.
    The builder should resolve the issue for the sale, and to maintain good reputation.

    I have 15 years working for builders and building homes. When things were good they'd still bend over backwards for customers to get a closing.
  5. #5
    kenny j is offline Junior Member
    Join Date
    Mar 2008
    Posts
    8

    Ten foot pole

    Hi ebw,
    I'm not sure how this could have happened - usually a survey is done and submitted to local government for the plat to be approved. In the case of a subdivision (multiple lots), all of the 4 lots you've mentioned should be on the same plat. So there should be an original survey somewhere which matches the plat. To answer one of your questions, the plat will take precedence over a subsequent survey.

    Unless you want this issue to come back and haunt you down the road, I would steer clear of this purchase. History is replete with cases of property boundary disputes, and they are expensive, time consuming and emotionally draining. And then if you don't get the outcome you wanted, you might be faced with going through it all over again on an appeal. Ask yourself if you want to deal with something like this:

    [url]http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/073/DowdellOPN.pdf[/url]

    Also look carefully at the fine print on your title insurance. Most insurers have a long laundry list of exclusions, which let them off the hook from any liability to cover you in a dispute. Example of an exclusion from coverage: "Defects, liens, encumbrances, adverse claims or other matters that were created, suffered, assumed or agreed to by the insured claimant". (you)

    Good luck, Ken

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