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!!!
SusieWhat is the name of your state?