Monday, October 20, 2014
Throw in some adverse possession and we'd have ourselves a law school exam:
Six months after building a large custom house with an ocean view, Missouri residents Mark and Brenda Voss learned of a big problem – it's on the wrong lot. Their three-story vacation rental house with an estimated construction value of $680,000 actually sits on the lot next to the one they own in the gated Ocean Hammock resort community.
[...] The Voss's builder, Keystone Homes, which is based in Ormond Beach but builds primarily in Flagler County, has contacted the two lot owners and other parties and is trying to negotiate a settlement, said Robbie Richmond, company vice president.
“The buck stops with the builder. We know that. We are in the process of trying to schedule a conference call and find a fair resolution without the lawyers,” Richmond said. “I have built about 600 homes in Flagler County and this has never happened to me before. It does happen, but it's rare.”
[...] The builder and Voss each say the error can be traced to the first survey in 2013. East Coast Land Surveying in Ormond Beach misplaced stakes, and the foundation survey and other documents and building activity were based on the error. During construction, dozens of subcontractors arrived each day to work at the wrong lot. And a final survey failed to note the error.
“We require a preliminary plat, foundation and final survey and they all indicate it's the right lot where the house sits,” said Mark Boyce, Flagler County's chief building official. “We rely on the surveyor. They are state licensed professionals and we count on them to get it right.”