ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
Has anyone ever seen a property plat that has phase lines, stated on the plat to disappear after recording at the Register of Deeds?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Unusual plat map statements question
Started by ElaineP3 • 20 replies • 926 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
Exact drafting states:
EXISTING PHASE LINE TO BE ABANDONED UPON RECORDATION OF THIS PLAT
Where does the property go? I spent 3 hours in my real estate attorney's office, on my dime, and he said out of the thousands of Plats he had seen through title searches and closings, he had never seen this before and wondered himself, where the phase could legally go from there
EXISTING PHASE LINE TO BE ABANDONED UPON RECORDATION OF THIS PLAT
Where does the property go? I spent 3 hours in my real estate attorney's office, on my dime, and he said out of the thousands of Plats he had seen through title searches and closings, he had never seen this before and wondered himself, where the phase could legally go from there
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Quote:
Posted By ElaineP3 on 10/26/2017 4:48 AM
Has anyone ever seen a property plat that has phase lines, stated on the plat to disappear after recording at the Register of Deeds?
Has anyone ever seen a property plat that has phase lines, stated on the plat to disappear after recording at the Register of Deeds?
Sit down with your local governing Planning Department and have them explain what is being planned. The developer had to get their approval for the subdivision ... and the cost ... FREE.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
If I had to guess the development is being built in various phases. When the next phase is approved and to be started that section will be added to the previous phases and the line between prior vacant land and the new planned lots will be vacated.
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
Hi Janet,
I checked with maps and zoning and the guy just rolled his "now very wide eyes" after looking closely at the plat information and stated that maybe I should get the best real estate lawyer I could find.
Seems like the phase lines where manipulated and used as actual real property lines in areas benefiting the developer although they were stated, on every line, to be abandoned, according to all the plats on record.
The law in our state indicates the property cannot be divided after being recorded as an association. The master deed, drafted by the developer also stated the same and added the Declarant into that addendum. The property currently looks like an Amature Samuri Warrior cut it all up
I checked with maps and zoning and the guy just rolled his "now very wide eyes" after looking closely at the plat information and stated that maybe I should get the best real estate lawyer I could find.
Seems like the phase lines where manipulated and used as actual real property lines in areas benefiting the developer although they were stated, on every line, to be abandoned, according to all the plats on record.
The law in our state indicates the property cannot be divided after being recorded as an association. The master deed, drafted by the developer also stated the same and added the Declarant into that addendum. The property currently looks like an Amature Samuri Warrior cut it all up
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
So what is the end result your wanting out of all this? Do you want to know what property the HOA encompasses and the developer still owns? Is the HOA even turned over to the owners yet? Doesn't necessarily sound like the HOA is out of the developer's control/ownership. Am I missing something there?
Former HOA President
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
It was drafted into the Master Deed to all be anexxed and transfered to the association before 12/31/2016. Our attorney notified them of their own drafted date in the Master Deed early October 2016. They finally returned a call in January/February 2017 and stated they lost the plat and documents.
It is almost Thanksgiving 2017 and the "dog ate my homework" doesn't ring true to me because I have a copy of all the recorded documents the register of deeds has at the county municipal building regarding this "imaginary" association parcel with all the structures built and co-owned by every one currently living on it.
It is almost Thanksgiving 2017 and the "dog ate my homework" doesn't ring true to me because I have a copy of all the recorded documents the register of deeds has at the county municipal building regarding this "imaginary" association parcel with all the structures built and co-owned by every one currently living on it.
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
It wouldn't bother me except I paid cash for this real estate investment, am currently living in it and would like to just know everything is not a big developer scam.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
You paid cash? Well then you assumed all the risks associated with doing so. It's a gamble. I don't advice paying cash for any large purchases like real estate. Even if you have the money, your better off still getting a mortgage and just pay it off slowly. I don't think paying cash qualifies as a bragging rights thing. Long term wise you took all your eggs and put it into a basket.
My concern would just be "Can I sell this property?". Is any of these details going to prevent that from happening?
My concern would just be "Can I sell this property?". Is any of these details going to prevent that from happening?
Former HOA President
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
Thank you Melissa,
I'm 76 and not rich or bragging. It was an investment I could live in until I die, then my family can do whatever they want with it. I lost half my net worth in 2008 just like most everyone else did. At my age stocks, bonds and other investments are not really safe, in my opinion, so my idea was to save in an investment I could live in or rent out or leave to my family when I die.
I'm 76 and not rich or bragging. It was an investment I could live in until I die, then my family can do whatever they want with it. I lost half my net worth in 2008 just like most everyone else did. At my age stocks, bonds and other investments are not really safe, in my opinion, so my idea was to save in an investment I could live in or rent out or leave to my family when I die.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Then I would worry more about probate court issues and getting a good probate lawyer. When you die, your items go through probate. A big issue for those family members if your in a HOA. It can take up to 6 months or more for property to go through probate. Which means no one is paying the HOA dues. The house could be staying empty the whole time. Can't rent from a dead person. Can't own it till it's gone through probate.
So I applaud your investment for family. However, realize your "investment" after you die can be a "burden' to others. Like Oprah advises. Don't wait for your Will to spend money on your family. Do it while they are alive. That way you can see what will happen and maybe enjoy it yourself with them.
So I applaud your investment for family. However, realize your "investment" after you die can be a "burden' to others. Like Oprah advises. Don't wait for your Will to spend money on your family. Do it while they are alive. That way you can see what will happen and maybe enjoy it yourself with them.
Former HOA President
PaininyourA
Posts: 215
Posts: 215
Posted:
ditto ditto ditto
I juuuussst closed the estate I was 'personal representative' for (SC) - executor elsewhere.
Took almost 2 years due to poor / no planning by the deceased.
It was a nightmare.
No will.
No payees or beneficiaries listed on anything.
Finally found some cousins.
Wheeewwww it's over.
See a good attorney NOW.
I juuuussst closed the estate I was 'personal representative' for (SC) - executor elsewhere.
Took almost 2 years due to poor / no planning by the deceased.
It was a nightmare.
No will.
No payees or beneficiaries listed on anything.
Finally found some cousins.
Wheeewwww it's over.
See a good attorney NOW.
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
Mr.PaininyourA,
Please don't respond to any more of my comments or questions. I don't want your advice, attitude or comments and will recomend anyone I know from joining HOATalk or community123.com because you appear to be an uneducated, crude TROLL.
Please don't respond to any more of my comments or questions. I don't want your advice, attitude or comments and will recomend anyone I know from joining HOATalk or community123.com because you appear to be an uneducated, crude TROLL.
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
Dear Melissa,
If a couple thousand dollars for a paid for property, anyone could auction off without even leaving their home would be a burden what would you consider as a great gift for my family to Celebrate my death?
If a couple thousand dollars for a paid for property, anyone could auction off without even leaving their home would be a burden what would you consider as a great gift for my family to Celebrate my death?
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It still has to go through Probate court. Make sure your actually helping your family "celebrate" your death with such "investments". You may be surprised not everyone wants to covet what you own.
As far as auction... If the HOA (whatever your in) decides to foreclose, none of your family will see a dime. It all goes to the bank first and then the HOA. Any money left over goes to other debts.
I still question what you bought into. Something seems a bit off in the description. Was this property sold as an "investment" to you? Or did you buy it as an investment for yourself/family? I question the first strongly.
As far as auction... If the HOA (whatever your in) decides to foreclose, none of your family will see a dime. It all goes to the bank first and then the HOA. Any money left over goes to other debts.
I still question what you bought into. Something seems a bit off in the description. Was this property sold as an "investment" to you? Or did you buy it as an investment for yourself/family? I question the first strongly.
Former HOA President
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
I bought it as a place to stay for at most a year or two while we looked for a house. The bottom fell out of the market in 2008 and I couldn't justify the loss so we have been living here ever since.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Elaine
It appears you are just looking to blame whomever for you poor financial decisions.
It appears you are just looking to blame whomever for you poor financial decisions.
PaininyourA
Posts: 215
Posts: 215
Posted:
she may blame me
I am responsible for all the world's ills.
I can take it
ps. I was replying to Melissa
I am responsible for all the world's ills.
I can take it
ps. I was replying to Melissa
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Quote:
Posted By ElaineP3 on 10/27/2017 11:21 AM
It was drafted into the Master Deed to all be anexxed and transfered to the association before 12/31/2016. Our attorney notified them of their own drafted date in the Master Deed early October 2016. They finally returned a call in January/February 2017 and stated they lost the plat and documents.
It is almost Thanksgiving 2017 and the "dog ate my homework" doesn't ring true to me because I have a copy of all the recorded documents the register of deeds has at the county municipal building regarding this "imaginary" association parcel with all the structures built and co-owned by every one currently living on it.
It was drafted into the Master Deed to all be anexxed and transfered to the association before 12/31/2016. Our attorney notified them of their own drafted date in the Master Deed early October 2016. They finally returned a call in January/February 2017 and stated they lost the plat and documents.
It is almost Thanksgiving 2017 and the "dog ate my homework" doesn't ring true to me because I have a copy of all the recorded documents the register of deeds has at the county municipal building regarding this "imaginary" association parcel with all the structures built and co-owned by every one currently living on it.
Are the members paying assessments to maintain this property which has not yet been transferred to the association as of 12/31/16???
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Also ... what does this property contain ... i.e. Clubhouse, pool, park?
ElaineP3 (South Carolina)
Posts: 47
Posts: 47
Posted:
Hi Janet,
Paying assessments…yes, we have and continue to maintain the development just as we would if we actually owned it because nobody ever bothered to check if we did.
The Amenity issues began before my stint on the Board. The attractive tag team, management company/developer representatives batted a home run by schmoozing the mainly testosterone controlled President and Vice President out of enough funds to build an amenity on an adjoining fledgling, community property for us to share with them, tag it as their amenity while we would just assist with a percentage of the maintenance expenses.
It continues as a pro/con issue but we have the beach and a huge pool at the health club just down the street so I seldom go there myself. The area around us is growing with new shopping areas, conveniently less than a mile away in several directions. It is all about perception around here. It is the glass half-full or empty kind of thing. I was on the board too long and unfortunately learned too much about our developer and our situation. I spent the last two days reading the Florida laws since SC originally copied theirs. Goodness, Ignorance is bliss, live and learn, Yada, Yada, Yada
Paying assessments…yes, we have and continue to maintain the development just as we would if we actually owned it because nobody ever bothered to check if we did.
The Amenity issues began before my stint on the Board. The attractive tag team, management company/developer representatives batted a home run by schmoozing the mainly testosterone controlled President and Vice President out of enough funds to build an amenity on an adjoining fledgling, community property for us to share with them, tag it as their amenity while we would just assist with a percentage of the maintenance expenses.
It continues as a pro/con issue but we have the beach and a huge pool at the health club just down the street so I seldom go there myself. The area around us is growing with new shopping areas, conveniently less than a mile away in several directions. It is all about perception around here. It is the glass half-full or empty kind of thing. I was on the board too long and unfortunately learned too much about our developer and our situation. I spent the last two days reading the Florida laws since SC originally copied theirs. Goodness, Ignorance is bliss, live and learn, Yada, Yada, Yada
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here