Easement issues

Started by JimM15 • 2 replies • 1016 views

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JimM15 (Texas)
Posts: 9

Posted:

Here is the background, in 2001 approval was given to build a residence, the plans showed the residence to be well within the easements. The slab was put down, but the house was never built, in 2006 the developer foreclosed on the property. Forward to the present, the developer wants to sell the property with the existing slab, but has now found out the slab is off by over 6 ft and is actually 2 ft 11 in into the easement. The developer wants the BOD to grant a variance, the only variance this BOD has approved was for 3 ft 2 in, but the house had already been completed and it was done as an after the fact issue. The BOD would like the problem corrected before it goes any further. Thoughts.

Jim Mahoney

MicheleD (Kentucky)
Posts: 4,491

Posted:

Jim, I could be wrong, but, at least in Kentucky, it's illegal to re-use a pre-poured slab or foundation when reselling a lot, depending on how long the slab has been there.

I'm not sure of all the whys and wherefores, but we had a similar incident many years ago in one of the phases of our development where the original builder walked away from several lots.

There were at least three homes started -- in that the slabs were poured (these did not have basements, only the foundation slabs/footers/whatever you call them).

When a new builder purchased them, he had to demolish and remove the prior slabs.

Part of the reason is that if slabs are poured and left untouched for a length of time before the rest of the home is built, it could create problems with the house later on. The slab would "settle" -- there could be stress fractures or something similar because of that, and that's just the beginning.

If the BOD has the ability to do so, I would be inclined to deny the waiver and require that he remove the slab and start from scratch.

JimM15 (Texas)
Posts: 9

Posted:

Michele, I went to the state they had no idea, I went to the county they have no inspectors for any residential building. Right now I have a friend who is a builder asking around to see what the word is. I didn't think about shifting, my worry was the steel bolts that hold down the walls will be all rusty after 8 years. I wonder if this will pass wind code (we are just North of Houston) and we have been known to get a hurricane or two. I guess I will check with the wind codes. Thanks for the input.

Jim Mahoney

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