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  #1  
Old 05-01-2002, 04:56 PM
twestmoreland
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nondisclosure of changing lot setbacks


My wife and I purchased a residential building lot in a development in western Union County, North Carolina approx. three years ago. Now ready to build, we find that a slimmy attorney, that sold the land to our developer, placed greater back minimum setbacks than the county required because he owns land behind us. He recorded these greater setbacks only on the lots that border his property after we purchased ours.

We purchased our lot early in the development and was given an unrecorded record plat that stated normal 50 foot setback off the rear and, we even used this attorney to close the purchase of the lot. We were not told of any special, greater setbacks and signed nothing agreeing to this. No disclosure whatsoever!

Now, we have paid off the lot and designed our dream home and find out that another plat recording shows 100 foot setbacks on only two lots that back up to his eight acre estate. This recording was done after we closed on our purchase and we were not aware and certainly did not agree to these changes.

Now, we cannot build on this lot with normal house placement, have contracts with our lender to build a home and our lot value is severely diminshed due to this secret and after the purchase change.

Can anyone giv eus good advise yo proceed with?
  #2  
Old 05-01-2002, 07:33 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: nondisclosure of changing lot setbacks


Quote:
Originally posted by twestmoreland
My wife and I purchased a residential building lot in a development in western Union County, North Carolina approx. three years ago. Now ready to build, we find that a slimmy attorney, that sold the land to our developer, placed greater back minimum setbacks than the county required because he owns land behind us. He recorded these greater setbacks only on the lots that border his property after we purchased ours.

We purchased our lot early in the development and was given an unrecorded record plat that stated normal 50 foot setback off the rear and, we even used this attorney to close the purchase of the lot. We were not told of any special, greater setbacks and signed nothing agreeing to this. No disclosure whatsoever!

Now, we have paid off the lot and designed our dream home and find out that another plat recording shows 100 foot setbacks on only two lots that back up to his eight acre estate. This recording was done after we closed on our purchase and we were not aware and certainly did not agree to these changes.

Now, we cannot build on this lot with normal house placement, have contracts with our lender to build a home and our lot value is severely diminshed due to this secret and after the purchase change.

Can anyone giv eus good advise yo proceed with?
**A: hire an attorney fast.
This a perfect example of why you should have used your own attorney to help with your purchase.
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