Our 130x90 property shrunk today!

We closed on our house and property January 4, 2005. We have had nothing but trouble since then. The most recent problems are concerning the actual amount of property we own. Our House was supposed to come with a
130'x90' lot. We have never been able to get a survey from the Builder, the City Inspector, or any other city office or the Title company. We received a citation today saying we were in violation of a city ordinance having to do with part of our property. The city says that the majority of our front yard is easement. We are wondering what recourse we have. We have a deed saying what the lot size is, but if you take off the part the city says is easement we loose 13' off our front yard and 9' off our side yard, making our property actually 121'x77'.
If we start our property measurements from the 13' easement mark, and we measure 90' from the easement, our property line is in the middle of our neighbors driveway.
If we are not allowed to use the easement as part of our property, then who is responsible for the upkeep of this parcal? The State is Texas.

What have you put on the easement?

Ditto to rmet's question.

Concerning the easement and ownership. It is your property and included in the measurement of your property. Depending on who the easement is granted to and why makes a diff as to what you can do with it.

Did you have a real estate agent involved? Did anybody disclose this easement situation to you?

Elwell said:

We closed on our house and property January 4, 2005. We have had nothing but trouble since then. The most recent problems are concerning the actual amount of property we own. Our House was supposed to come with a
130'x90' lot. We have never been able to get a survey from the Builder, the City Inspector, or any other city office or the Title company. We received a citation today saying we were in violation of a city ordinance having to do with part of our property. The city says that the majority of our front yard is easement. We are wondering what recourse we have. We have a deed saying what the lot size is, but if you take off the part the city says is easement we loose 13' off our front yard and 9' off our side yard, making our property actually 121'x77'.
If we start our property measurements from the 13' easement mark, and we measure 90' from the easement, our property line is in the middle of our neighbors driveway.
If we are not allowed to use the easement as part of our property, then who is responsible for the upkeep of this parcal?

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**A: why did you close without first getting the survey and verifying the easement, lot size etc.?

Our 130 by 90 property shrunk today.

We had put up a landscape timber holding a no parking sign 8' from the road. Is this any different than a person running for a public office putting up a sign in an easement?

The city has said that this easement belongs to them.

Yes we did have a Real Estate Agent. No we were not informed of any easement. We were told that we could not put a fence within 10 ' from the road by a good neighbor. In researching this we found that there were no surveys of our property, there was never any certificate of occupancy issued & this house had failed two inspections & had never passed any inspection by the city inspector.

Elwell said:

We had put up a landscape timber holding a no parking sign 8' from the road. Is this any different than a person running for a public office putting up a sign in an easement?

The city has said that this easement belongs to them.

Yes we did have a Real Estate Agent. No we were not informed of any easement. We were told that we could not put a fence within 10 ' from the road by a good neighbor. In researching this we found that there were no surveys of our property, there was never any certificate of occupancy issued & this house had failed two inspections & had never passed any inspection by the city inspector.

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Do you have a mortgage on your house? Most lenders -- at least the ones I have dealt with REQUIRE a survey done. Look in your closing paperwork. What does your title work say in the commitment about easements? Why didn't you pay for an inspection when you bought the house?

We were told that the survey was in the closing papers. We have looked and they have looked but they do not have it nor do we.

We were not told that there had to be a certificate of occupancy on this house. We had no idea and only learned of it by mistake. Because it is a new house and we are the first owners, we thought that the local officials had inspected the work. We paid for an appraiser, All the closing costs were included in the purchase price.

Yes we do have a mortgage on our house. We thought they would require a survey among other things but apparently they didn't receive one either.

We used a buyers agent when we purchased this house and trusted her to help us because she was under contract to us.

Elwell said:

We were told that the survey was in the closing papers. We have looked and they have looked but they do not have it nor do we.

We were not told that there had to be a certificate of occupancy on this house. We had no idea and only learned of it by mistake. Because it is a new house and we are the first owners, we thought that the local officials had inspected the work. We paid for an appraiser, All the closing costs were included in the purchase price.

Yes we do have a mortgage on our house. We thought they would require a survey among other things but apparently they didn't receive one either.

We used a buyers agent when we purchased this house and trusted her to help us because she was under contract to us.

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Perhaps there is a survey for the entire development? You can search for that at the recorder's office. In what state do you reside?

rmet4nzkx said:

Perhaps there is a survey for the entire development? You can search for that at the recorder's office. In what state do you reside?

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We reside in Texas and this was one parcel that has been subdivided.

Elwell said:

We reside in Texas and this was one parcel that has been subdivided.

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OK have you looked at the survey for the parcel to see where the easements fall and how they are defined? Then see where your lot falls on the survey, it should show the subdivisions.

the writer needs a real estate attorney like yesterday.

Elwell said:

We had put up a landscape timber holding a no parking sign 8' from the road. Is this any different than a person running for a public office putting up a sign in an easement?

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Putting up a campaign sign is protected by Federal Freedom of Speech laws. Putting up a "no parking" sign is not.

Zigner said:

Putting up a campaign sign is protected by Federal Freedom of Speech laws. Putting up a "no parking" sign is not.

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**A: what if the sign said, Vote George Bush, No Parking.

HomeGuru said:

**A: what if the sign said, Vote George Bush, No Parking.

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It would depend on if it meant no parking for George Bush.

Well actually it wouldn't, he would just sign an exec. order outlawing all signs restricting him.

justalayman said:

It would depend on if it meant no parking for George Bush.

Well actually it wouldn't, he would just sign an exec. order outlawing all signs restricting him.

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**A: I got a better one; "Vote George Bush; No Thinking"