[Pturner]

Originally Posted by angiefox10

The box is on the wrong property. The Villages says the utility company says it's placed correctly.

Here is the problem.... If it's wrong on his property, (and I believe it is) it will be placed wrong on ALL the properties on that street. This is a BIG OOPS! I am disappointing that someone isn't doing anything to correct this problem.

If I look at my Plat of Survey, the easement and the boxes are spelled out. No surprises! The OP says they do not show up on his Survey. Everything else does, but not the boxes. The reason they do not show up is because they aren't supposed to be there. It's as simple as that.

I don't know anything about moving boxes, and I would guess it would be a major project. But then, what about planting upgraded landscaping around the lanais of these properties so they have a tropical feel when they walk out there? I'll bet there are a lot of solutions to this problem. But the bottom line on this, is....

I am standing on my soapbox that there has been a mistake made and I am VERY disappointed in The Villages that they are not doing more to fix it.

I don't care about noise of tennis courts, roads, smells etc. Those are things that you can see or ask about. They are in the survey and if the wind blows the wrong way here, (Illinois) the smell might not be so good. But a box out the back door that WASN'T in the survey when you bought the property... NOPE! I stand with the OP on this.

I don't have suggestions as to his next steps... I just believe this is wrong.

Originally Posted by Oren L Miller

I believe a tragic mistake has been made here. I believe the box is in the wrong location. You are getting excellent advice from a lot of well wishers here on the forum. The best news is you haven't been to the closing yet. You need to determine what TV can do to appease you. 1. Do you want a new house and have them put you in a place to live until it is done? 2. Do you want the cost of the house reduced because the house resale value could be jeapordized by this problem? 3. Do you want some really nice landscaping done to the back or your lanai to reduce the "green box eyesore" and safety concern? I certainly hope you can collaborate your way into something that would appease you. Maybe it is a combination of reduced price and landscaping. I believe TV will do something to appease you. DO NOT sign the papers at closing until you are appeased. You may need to lawyer up on this but I think that is a last resort and is some money that can be saved right now. Is there something in the house that you wanted but didn't request? Maybe you can trade this problem for some new quartz or granite countertops. Do you want some new hardwood flooring? Don't sign the dotted lines until you are truly satisfied. At the walk through you need to use the simple term that this is not acceptable. Have your plat of survey with you and just tell them that this is not acceptable.

Originally Posted by CaptJohn

I have also been a professional cartographer for over 30 years plotting real estate maps and have corrected thousands, yes thousands, of errors on maps done by others. I would demand a copy of the overall subdivision map showing the location for the transformer and also demand a copy of the SECo map as well as go to see a SECO manager. There could have been revisions or errors or who knows but you have a short window of opportunity to get to the bottom of this even if it means delaying the closing as that is your only leverage. Right now is probably your only chance to get anything done to your satisfaction. You have to take charge. The salespeople are not working for you. Good luck. Many of us care.

Originally Posted by mikeod

What is the financial risk in not closing? When we bought, we had to put a quick $2K to hold the house followed by 20% within a short time with the rest at closing. But ours was/is a spec home. If there are similar funds required in building your own here, are these funds at risk by not closing when TV specifies? If they are, I guess you have to determine whether the loss is worth it compared to the immediate concern as well as the probability of a reduced resale value.

In looking at the pictures, it appears that the utilities were placed in the wrong spot OR the homesites were not placed right. Every other neighborhood I've seen has the boxes straddle lot lines, not be placed entirely on one lot. I agree with CaptJohn that Penguin needs to see the plans from TV and SECO and compare with the plan seen when picking the lot.

Originally Posted by CaptJohn

Thanks to angiefox10's quick thinking, she emailed me the subdivision map and I have taken an image of the area in question and it clearly shows none of the boxes should be on Penquin's lot number 145 but the lots behind his (lot 147 for the X=transformer and lot 148 for the C=cable and T=telephone ). See for yourself.
Penguin, I'd get a Florida lawyer (not connected to TV) to
tell them to move the boxes and all related underground wires off my property before it closes. Looks as if they've made a huge mistake and need to take responsibility and do the right thing in your favor.

Penguin,
I agree with all of these posts. Because you do not have a lot of time before closing, I would contact an attorney right away. Have him/her write to and speak with Mrs. Parr, request the documents you need to prove any mistake or misrepresentation that was made to you on the platt, and demand a delay in closing pending satisfactory resolve.

No way would I close without competent representation to work on your behalf for a satisfactory resolution.

There are good attorney recommendations on other TOTV threads. If you don't see a good real estate attorney recommendation here, call a highly recommended attorney and ask for a referral.

Please stand up for your rights.

I am pulling for you for a happy resolution. If that means insisting on another lot, or getting upgrades and lanai moved at TV expense, or whatever, you should have a right to be buying the lot as represented when you chose it. Best wishes and keep us posted.

Love and hugs,
P