My wife and I had a house built in a new development which was on a
culdesac a couple years ago. It was nice and quiet, we took months to
find and pick the perfect spot. The builder was going to continue
building in the development but this was to stay a culdesac. He bailed
out right after we bought and sold off the land. The new builder's are
adding a street right next to our house.

This means now we lose all of our side property as it becomes an
easement. We can't put up a fence due to zoning laws on corner houses
here. Also some have said our taxes will increase being a corner lot!


We are getting ready for our first born and wouldn't have bought a
corner lot with a lot of traffic. We also were getting ready to put up
the backyard fence and now find we can't. I feel betrayed. I don't
think there's anything i can do outside of selling, but wanted to know
for sure.

"69strat" writes:
My wife and I had a house built in a new development which was on a
culdesac a couple years ago. It was nice and quiet, we took months to
find and pick the perfect spot. The builder was going to continue
building in the development but this was to stay a culdesac.

Oy. That sucks. Do you have anything in writing to that effect?

He bailed out right after we bought and sold off the land. The new
builder's are adding a street right next to our house.

This means now we lose all of our side property as it becomes an
easement. We can't put up a fence due to zoning laws on corner houses
here. Also some have said our taxes will increase being a corner
lot!

We are getting ready for our first born and wouldn't have bought a
corner lot with a lot of traffic. We also were getting ready to put up
the backyard fence and now find we can't. I feel betrayed. I don't
think there's anything i can do outside of selling, but wanted to know
for sure.

You have a legitimate gripe. I'd take it up locally with whatever
body rules on zoning. Perhaps you can get at least a variance to
allow you to erect some sort of fence to contain you progreny.
Otherwise, a move is the only likely recourse. A consultation with a
lawyer wise in real estate _litigation_ (as opposed to your garden
variety real estate attorney, but one of those might be able to help
too) might be money well spent too, to further assess your situation
and see what options might be available.

Best Regards,
--
Todd H.
http://www.toddh.net/

Before a builder can put in a new street like that, he has to get
approval from the municipality. Were you informed of this before it was
granted? As it affects your property, in most areas, to get this type
of approval requires notifying nearby properties so that they are
informed and can voice their opinions. I would think that you would
most certainly have to notified if you are losing your side yard to an
easement. Wha't the easement for? Sidewalk and room on the side of
the new street?

If the builder didn't follow the correct procedure, then you would be
in a good position to challenge it. If they did it correctly, you're
not in a very good position at this point. I'd consult an attorney
that has done real estate work in that town, ie representing clients
before planning boards, zoning boards, etc.

The easement is for sidewalk and "aesthetics" according to the zoning
official. We were not informed of any of this. We just woke up one
morning and see them digging next to us and in our front yard!

We have electrical/phone/cable box all on the property line that was
next to the field as there was no house on this side. Every house in
here shares that with another house. Originally another house was
suppose to go next to us and share the utilites boxes on the lot.
There is no house in this development that has all the utlities on the
corner lot!

Besides the culdesac this is also showing that there originally was no
designs for a street here.

In article . com,
"69strat" wrote:

My wife and I had a house built in a new development which was on a
culdesac a couple years ago. It was nice and quiet, we took months to
find and pick the perfect spot. The builder was going to continue
building in the development but this was to stay a culdesac. He bailed
out right after we bought and sold off the land. The new builder's are
adding a street right next to our house.

What does your lawyer say about this?


This means now we lose all of our side property as it becomes an
easement.

Not unless you previously agreed to that or sold the rights to the new
owners.

We can't put up a fence due to zoning laws on corner houses
here. Also some have said our taxes will increase being a corner lot!


We are getting ready for our first born and wouldn't have bought a
corner lot with a lot of traffic. We also were getting ready to put up
the backyard fence and now find we can't. I feel betrayed. I don't
think there's anything i can do outside of selling, but wanted to know
for sure.

What does your lawyer say about this?

"69strat" wrote:

My wife and I had a house built in a new development which was on a
culdesac a couple years ago. It was nice and quiet, we took months to
find and pick the perfect spot. The builder was going to continue
building in the development but this was to stay a culdesac. He bailed
out right after we bought and sold off the land. The new builder's are
adding a street right next to our house.

This means now we lose all of our side property as it becomes an
easement. We can't put up a fence due to zoning laws on corner houses
here. Also some have said our taxes will increase being a corner lot!


We are getting ready for our first born and wouldn't have bought a
corner lot with a lot of traffic. We also were getting ready to put up
the backyard fence and now find we can't. I feel betrayed. I don't
think there's anything i can do outside of selling, but wanted to know
for sure.


Sorry, somethings not right with this.

In most areas of the US, streets & subdivisions are platted long before the
first foundation or curb gets put in. Changing that plat requires the permission
of the appropriate authority, which in turn usual means hearings and
notifications to the propery owners affected within a certain distance.

If you bought into a private subdivision, have you significantly less protection
from changes, but there should still be some sort of planning approval process
followed.

Did you review the official property plat before you purchased the house? Note
that builder marketing material does not constitute a binding document.

Second, have you checked with your municipality planning department and see if
all the proper procedures were followed for changing the plat?

Thanks for the ideas and help everyone. I have not contacted a lawyer
yet. This is our first house and well, not sure about all this.

I contacted the zoning dept. and he said "you surely had to know about
this when you bought the house". I said we did not and the builder
sold the land. Plans were then changed. Why would the builder pay for
all that extra concrete for the culdesac, if he planned on putting a
through street in.?

I was talking to the builder on some other issues and he confirmed that
this was supposed to remain a culdesac.

"Thanks for the ideas and help everyone. I have not contacted a lawyer

yet. This is our first house and well, not sure about all this.

I contacted the zoning dept. and he said "you surely had to know about
this when you bought the house". I said we did not and the builder
sold the land. Plans were then changed. Why would the builder pay for

all that extra concrete for the culdesac, if he planned on putting a
through street in.? "

I'd get over to town hall immediately and find out exactly what
happened. I'd be nice about it. Just explain what happened from your
point of view as you outlined aboove and ask them to show you
documents, applications, approvals, permits, etc that show the sequence
of events. It certainly is strange to put in a culdesac and then add a
road. If the builder originally had it planned for a culdesac and did
not follow the correct approval process to add a road, you are in a
good position. In every place I know of, this could not have happened
without notifying people with properties that are close by. Did you
ask neighbors what they know? You may be able to get them to share the
cost of a lawyer. (BTW, if you do that, draw up a simple agreement in
writing to share the cost and get them to sign it).

If the builder did have the new street in the original plans and
marketed the homes on the culdesac as such, without telling you that a
street would be added, I think all of the homeowners on the culdesac,
especially you, have a good case against him for fraud. In any case,
I'd get my ass in gear right now. If the facts are on your side, a
lawyer could get an injunction to halt what they are doing until the
case is heard. That alone is a powerful weapon. The longer it goes on
and the more work that is done, the worse position you are in, at least
as far as having it undone.

I just talked with a lawyer who specializes in real estate, and he said
that unless I have in writing that it was to remain a culdesac, there
is nothing I can do. He went on to say, the original builder sold the
land to someone else and they can do what they want with the property.
The land next to us was unfinished land and were sold off to the new
builders on this culdesac. The house across the culdesac and us are
the only ones on the circle. There was room for two more houses here
on the culdesac.

I feel sick!

"69strat" writes:
I just talked with a lawyer who specializes in real estate, and he said
that unless I have in writing that it was to remain a culdesac, there
is nothing I can do. He went on to say, the original builder sold the
land to someone else and they can do what they want with the
property.

While that is generally true (and certainly the easiest and least-work
thing for the attorney to say) there are possibly other avenues to at
least getting a fence up, or working with the local process.

The land next to us was unfinished land and were sold off to the new
builders on this culdesac.

Hopefully you weren't under the mistaken assumption that this land
would remain vacant forever though.

The house across the culdesac and us are the only ones on the
circle. There was room for two more houses here on the culdesac.

I feel sick!

That blow. I feel bad for ya.

I might be getting that thing on the market pronto and seeing if you
can find a buyer, or planning to dig in and wait it out, and see what
you can do in fighting city hall as it were. But, in general, if you
don't own it, you can't control it, and if it's not in writing, all
bets are off. :-\

Good luck!

Best Regards,
--
Todd H.
http://www.toddh.net/

wrote in news:1124971887.150243.234960
@g47g2000cwa.googlegroups.com:

It certainly is strange to put in a culdesac and then add a
road. If the builder originally had it planned for a culdesac and did
not follow the correct approval process to add a road, you are in a
good position.

Not as strange as you might think. Our property was a culdesac as
originally platted; the township came back and asked that a right-of-way be
added but not built, and that the CDS be pushed towards the edge of the
property more.

My lot line abuts another parcel and if we didn't do that, they'd
effectively be locked with no way to develop it should the owners decide to
do it. (Which they haven't, and in conversations with them, they won't -
but you know that verbal assurances aren't worth the paper they're printed
on.

Turned my 1.25 acre property into a 1.15 acre property, but it wasn't
approved yet so I didn't have much recourse even if I wanted to fight it.
Which I don't.

--
Mit der Dummheit kämpfen Götter selbst vergebens.

69strat wrote:
Thanks for the ideas and help everyone. I have not contacted a lawyer
yet. This is our first house and well, not sure about all this.

I contacted the zoning dept. and he said "you surely had to know about
this when you bought the house". I said we did not and the builder
sold the land. Plans were then changed. Why would the builder pay for
all that extra concrete for the culdesac, if he planned on putting a
through street in.?

I was talking to the builder on some other issues and he confirmed that
this was supposed to remain a culdesac.


The builder does not decide how the land is laid out, the municipality
does. he cant change anything. He must ask for a change from the
municipality. They in turn will likely send out letters indicating a
hearing data, etc..

This has happened to me in some form. The company on one end of my
neighborhood has bought up land and got the city to rezone it so they
can put a road there. This allows them to dump their traffic onto a
side streed as opposed to the main street. it saves them a bit of land
i guess. Sucks for those with houses there. But they did buy some of
those houes. And there were letters and a hearing.

If there is a hearing you should go fully prepared with before and after
pictures and everything you can gather. Cities can sometimes support
developers over residents.

--
Respectfully,


CL Gilbert