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wetlands

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cindy ball

Junior Member
What is the name of your state? washington. we purchased a little over an acre of land. when applying for our building permit was told we had wetlands on one corner of our land that spread into the property behind us.l witht the 100 foot buffer and other directives, our building area is reduced so much that we loose any front yard. since this information was not disclosed by the realestate, orowner, can we bring suit to reverse the sale.
 


John Se

Member
You can try, but

Since wetland issues are nothing new and the army corp of engineers has enforced the clean water act since 1970, I think this may fall under buyer due dilligence. But 100 foot set back from a (high water?) line seems excessive unless thats some special state requirement. I would explore the variance route first and do some more research by obtaining copies of all the written requirements before picking a fight.
 

lwpat

Senior Member
If you can prove the prior owner knew about the wetland designation and did not disclose, you can sue for damages or to have the contract voided. He will use the due diligence defense and it will be up to the court. You will need a good contract/real estate attorney.
 

seniorjudge

Senior Member
cindy ball said:
What is the name of your state? washington. we purchased a little over an acre of land. when applying for our building permit was told we had wetlands on one corner of our land that spread into the property behind us.l witht the 100 foot buffer and other directives, our building area is reduced so much that we loose any front yard. since this information was not disclosed by the realestate, orowner, can we bring suit to reverse the sale.
Did your contract state that you were going to use the lot for building purposes?
 

HomeGuru

Senior Member
And did you get a title report, survey and a land use zoning check as a contract contingency and prior to closing?
 

nextwife

Senior Member
cindy ball said:
witht the 100 foot buffer and other directives, our building area is reduced so much that we loose any front yard.
So the lot IS buildable?

Also, DID the seller make any respresentations as to the lot and any future structures? Are you changing it's present use? If so, wouldn't it have been prudent to research the applicable restrictions to building?
 
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