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Stop being such a nice guy!
Chicago has some great lawyers.
I agree you should fight. At the very least don't pay for moving the door and the pad. Good Luck. |
Penguin.
You aren't here in TV? So you can't really measure whether your house is ten foot from the property line? And that the green box is on the property line? That is one issue. The other issue is lawyering up. I am SURE that this can be resolved without handing over a LOT of dough to a lawyer. In other words, if you insist, the door of the lanai can be moved and I really, really don't think your sales rep would have to pay for it. If the plat map is correct, a lawyer isn't going to help if your home is ten foot from the line and the green box is on the line. What might be resolved is that your house and the box is just where it was shown on your plat as a guess from my first paragraph..if you aren't here and you haven't measured. Village Girl did say that when we choose a lot, AND the lot size is a choice, that a smaller lot crams all things into it. I do not mean to be callous or unkind. I just think that I have seen very few things here to jump to the conclusion that your green box is misplaced. They fall all over themselves to do things right. I am in a position to know, I just built a house and I am surrounded by new house owners. We are amazed at how well this whole process has gone. I hate for you to feel so bad and I hate to allow the negative people (who gleefully jump to bash the developer for whatever reason) to convince you that the developers are deceiving you. I just do NOT see it that way. I still think your house is ten foot from the property line and the box is sitting on the property line and it is a BIG BOX. Sad but expected on a small lot. It makes me very sad that you are far away and cannot be here to resolve these things in person and to measure. Pictures are so deceiving as to true distance. I would say that the box itself is four foot square and your pad is four foot square. That makes the picture just about right to be ten foot from the line. Angie Fox has the plat map and she told me she thought it might have been misplaced. This appears to be not the case. Where are you? In Chicago? I am so sorry you are so worried. We paid a pretty big upcharge for our lot and the box is still danged close to our back door. They have to be on the line in the corner. Ours is in the corner of the lot in back. Bingo right out our back door. A necessary evil for underground utilities. If you would like, my husband and I could go over tomorrow and measure it for you if you would like to PM where your lot is. Hugs. Try not to worry. Everyone that I know is very satisfied with how things are done here. This is our second home here in four years. |
All properties have an easement for utilities... YOU own the land but they have the right to put in cable , power, etc. I would suggest putting in a shrub, bush ,etc. NOW,,,understanding that if there ever is a problem with the cable, wire, etc. They have the right to come in and dig,,,AND pull out your shrub. I work for a phone company and i would try to work it out with the property owner...GOOD LUCK!
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Penquin,
I'm not licensed in FL but I am a licensed Realtor in Georgia. Refer to your purchase and sale agreement and it should be Item #VII (the FARBAR contract site won't let me cut and paste) which addresses Restrictions, Easements, and Limitations. It says (my paraphrasing) that The Villages have to convey marketable title subject to land use plans, etc, etc, (quote)"and unplatted public utility easements of record (located contiguous to real property lines and not more than 10 ft. in width as to the rear or front line and 7 1/2 ft. in width as to the side lines"(unquote). SECO Standards for Electric Service For Overhead, Underground and Residential Subdivision Areas April 2010 Edition V. REQUIREMENTS FOR TRANSFORMERS SITUATED ON CUSTOMER PROPERTY A. Padmounted Transformer Requirements Complete requirements are contained in SECO specifications given to Customers for individual projects. Typical pad mounted transformer requirements include, but are not limited to the following: The Customer Will: (In this case the developer/builder) - provide a transformer pad location per SECO specifications. For residential dwelling units, the transformer shall not be located closer than 15 feet from a door or window to the habitable portion of the dwelling unit (to minimize noise problems). - maintain access to SECO to padmounted equipment located on the Customer's property (ten feet of clearance from the door side and three feet of clearance from other sides from items such as fences, shrubs and other obstructions are to be maintained by the Customer, as SECO will help plan the Customer's installations of fences, shrubs, etc. near SECO facilities such that they will not obstruct access or cause damage to SECO’s facilities. Where adequate access to SECO facilities is maintained, faster service restoration is made possible in the event of a power interruption.)... I don't think you told us the dimensions of your lot but Gracie's gracious offer to go measure is a great idea. I hope that this was helpful and we all wish you well with this. Keep us posted. Regards, Carol |
Hi Gracie. I hear what your saying and make good and valid points. Here is my question now. I looked at a drawing showing what distances you can plant around the box. It says no closer than 10 feet from the front, my house is 8 feet from the front of the box. Now what? I dont want to get a lawyer but I dont want to be complacent on this issue. This great country was'nt built on people just letting the big guys do what they want. I just want whats fair. My property is at 880 Fenwick Loop in the Village of Sanibel. That would be great if you guys drove by and gave me your opinion, That way I would have a very knowledgable and unbiased opinion. Maybe I could get a ton of people to meet there at my walk thru and all start chanting " MOVE THAT BOX':laugh:
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This belongs in the Three Word Sentence thread (just kidding) - "Get a lawyer."
A lawyer local to TV, at the very least, can give you a legal opinion. |
Penguin. Please remove your address from your post, just for safety sake.
Richie b. I forgot. Do you live here yet? Things look so different when you live here. Sometimes we bring old experiences to new situations. When we brought a brand new dryer into our brand new house a couple months ago,the fellow knocked a sizable chunk of our front stoop off. I called warrenty and explained that it had nothing to do with how the house was built and it was our fault, we hired the guy, could they put us in touch with someone to fix it? They fixed it right away, no questions asked. It is just a different experience here...I KEEP SAYING!!!!! I will try to get over today Penguin. |
I have heard of sales people having to pay out of their pocket. One is a case of a pre-owned home being trashed after it was sold. The salesperson had to bring it back to the original condition.
Sometimes a lawyer will write a letter on their letterhead for free. I'm concerned for your home and property value. I sure hope you didn't pay a great deal for that lot. You are right to remain calm. I think everyone on this board is pulling for you. Its nice to see all the support. Again, good luck. |
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. |
Excellent post Angiefox10.
Too bad you're not a lawyer as you make the case very clear. |
Henry and I have returned from your property Penguin and your home is set 11' 2" from the lot line. It appears correct. The box is set on the lot line too and so are many that appear exactly the same down the line with other homes of your neighbors. So if you have a problem so do they. I think this is the way that it was supposed to be.
Your home is lovely. Inside and out, because we looked in. I love the neutral choices you have made, love your cabinets, love the exterior colors, love your HUGE garage! I can see you enjoying it so much. I have more pictures that I will email you if you will send your email address in a PM. I tried to download the picture of your home and the other homes with the same boxes down the line but it didn't work. If someone can get pictures to come up in posts here please send me a PM with your email and I will send these pictures so everyone can see that whatever has happened to Penguin is the same with the other cottages and their placement on their lots on his street. |
If your home and box are correctly placed, I wouldn't worry about putting plants around it...just not expensive plants that can't be easily replaced, if and when SECO ever needs access. You can drive all over TV and see plants close up to the boxes.
I also would demand to have The Villages' send you a letter in writing stating that the box is correctly placed, along with the siteplan they have in their files for your unit and lot no. The lots in TV seem to be getting smaller and smaller in the "Final Phase." |
Tragic mistake
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 accep:cus:table.
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