Call Collett: Fight over fence illegally erected
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- เผยแพร่เมื่อ 4 ต.ค. 2024
- A month after he officially closed on the new James Island property, everything changed. Charleston County sent him a letter stating the privacy fence was illegal and needed to be torn down. The fence had been built by the community developer, Dan Ryan Builders.
My solution...sue the Developer you purchased the HOUSE from, for the exact amount you paid for it and they get the house back. They knew there was a problem, and they hid it from you. That is illegal.
The solution is to look at your survey before you buy. It’s on the consumer to be certain what they’re buying. The easements are recorded on your plat. It’s easy and as a contractor that guy should have known.
@@james-ub6cc well, that explains it, you're a contractor.... It's always the consumer's responsibility.... When the consumer get's swindled we have recourse in this country. File A LawSuit Against The Seller WHO KNEW!!!!
@@phyllisstein1837 the home owner was a contractor. And if you don’t just sign whatever is in front of you without reading and understanding it that’s on you.
@@phyllisstein1837 and no jackass I’m not a contractor. Are you stupid or willfully ignorant?
@@james-ub6cc I said SELLER. and this is why we have civil court.
I'd be suing the builder over false representation and getting some of my money back
That’s why they are not letting the developer tear it down, as proof they say. It’s clearly in the area of the ditch so it’s going to have to come down. A solution would be to allow new privacy bushes, that the developer should pay for, to be allowed to grow for several years or until the city needs access for a problem if one arises sooner, then let the developer pay for its removal. The city did not follow thru on their deadline, especially since they knew the properties were for sale. Check campaign donations and see if they contribute to Mayors campaign.
Good luck, if necessary they will just bankrupt the business and no one gets anything meanwhile the owner still makes bank and just opens a new one. The government protects them, not you and every year to go to the polls to vote in your political critters you approve of these things. Maybe you should change how you vote... good luck getting the rest of the sheep to care. It sucks out there and everyone loves to see people getting bent over.
@@Now_lets_get_this_straight Tearing it down wouldn't affect the case one bit. The home owners are morons.
@@Now_lets_get_this_straight @52 seconds it does not clearly show the fence is in the ditch .There is plenty of room to mow or clean up the ditch IMHO but government jerks just need to push folks around.
Nope. They knew and had the information but signed anyway. It’s the homeowners fault
Im.a surveyor,every survey will display if a easement is attached to your property either roadway or maintenance easement, the builder's are very sly.
This is a criminal case, not a civil case. Charges need to be filed.
I feel more should be done by the property assessor's office to halt these sales until the violation is corrected.
or real estate person selling, the real estate person who slod me my house didn't know where the property lines where, so I had to pay for that.
This is why you NEVER buy a home or property without a legal survey just to avoid these problems and to cover your butt in a dispute ! It is worth every penny spent and i talk from actual experience in this !
Agree but often the legal survey lacks any terrain features to assist in making decisions about spotting fences.
There's going to be a subdivision plan on record. In both the plan and deeds, I'd guarantee that this easement is called out. They either didn't notice or chose to ignore it - or someone, (realtor, developer, etc), told them not to worry about it.
These people are not victims. They and the builder chose to ignore the easement, and now they're whining to the media. And now they're refusing to let the builder remove the fence. They have no one to blame but themselves
@@deidrabrey4043 you go to the city and see what covenant are on the property. Mine has several as a creek runs through it. Most of my back yard is untouchable because of the creek. But I new that when I bought my house.
also TITLE INSURANCE. Guarantees to ID your ownership
even if you get a Legal Survey. Sometimes like Easements can be overlooked or left out. Something like this, the City should have just claimed the land the 25 feet center line on both sides. So when it came to actually doing Surveys, the Land where the Ditch lies is already owned 25 feet on both sides. so any other Surveys Will show that.
They're leaving the fence up as evidence. When you use the word "evidence", you're thinking about going to court.
Think not but plan for a defence! De- fence. Cause it’s gonna happen! You won’t win against the county but you can against a builder.
Sounds like fraud case at best. Could be detrimental reliance case as well better check with an attorney on land law. I am not an attorney.
it's not just the builder or developer at fault with their half-truths. when these home buyers closed they paid brokers and realtor associates a lot of money, as well as lawyers, surveyors and title companies. all these people failed to protect their client. but they all took their $
Jeez. There's pretty much no back yard as it is. Worthless.
1:14 Looking at it on GIS, his patio is inside the easement, as are some of the homes to the north and the other side of the ditch. When my parents built their home, easement discussion was a part of the buying process and a new owner knew exactly what they had access to via a plat diagram, that was included with the title search... yes, they do these on new construction too. The shear level of incompetence and just shady business practices these days is disgusting.
I agree. They should have been aware. All the information was there in front of them, but they ignored it.
@@jpmacoo Yes, the typical victim strategy, "Nobody said anything, no I must be in the right."
@@tahwnikcufos Another victim excuse that I saw on another channel was "they only gave me one warning".
@@jeffstanley4593 fortunately excuses mean little in the way of a legally binding remedy... they may have a case with the builder, but being that surveys are a required part of a title search, the whole thing just makes them look dumb; never mind any warnings the builder received.
The "plat" is an optional step in home buying and many people forego the surveyor's fee. I paid it because my parents told me it was important, and in the last ten years I've had three disputes with two different neighbors involving encroachment issues because I know where the property line is and they don't. It was well worth the $500 in my case.
Why didn't the closing attorney notice that easement?
Two years old fence battle and TH-cam recommends it to me. Ok.
Typical. That's one more reason why they don't show thumbs-down votes as well.
Try 4 years, the algorithm is weird.
@@Nothingtoya Have you, too, been watching The Karen & Chad Show? @Redzot
This should have been noted in the disclosure statement. This means the owner sold under disception
If the builder did that...what OTHER corners did the builder cut?? Yikes! Wonder why title didnt catch it.
exactly
Ryan Builders is known for cheaply-made houses.
Riddle me this couldn't the home owner just put a gate in for them to never come and use
They need to mow and maintain the area around the ditch. The fence would need to be removed
Sounds like that could be a reasonable solution, maybe the homeowners ask for that and see if they will work with them on a solution
A good option. Ask the Builder to propose he offers it as a solution.
That's not how easements work...
@@victorvonsteuben1728 That ditch doesn't look like the city has wasted any time or money maintaining it. If the fence comes down, the residents need to hold the coty to maintaining the area to make it comparable to the residential area around it. Mowed and kept clean.
Remove the fence. now your backyard is bigger. The ditch has to be maintained so your basement does not flood.
And force the city to maintain the drainage area to a residential area level. If they want to force compliance, they need the same treatment. And the city cannot leave that looking like the video of the ditch in a residential area. Really looks like the coty needs to be forced to do some planning and improvement of that area. Very substandard.
The reason is probably that the Builder has money and Legal Pull. The home owners not so much money and can be picked off one by one. This makes them easier targets for the Government.
You mean easier targets for the greedy developers.
I bought raw property lot and SPECIFICALLY asked about utilities. The seller indicated they were all available. The builder and the bank all saw the same document that I did. Turns out that was a lie. I went to court and the layer fees almost bankrupted me, but I won. Got my money back for legal fees, plus the difference in the value of land with utilities available versus not available. I bought a different house than the one I’d been under contract to build. Sold the land last year for more than $20000 more than I paid 20 years ago.
If you know you were cheated, fight for justice.
The buyers closing attorney should have caught the easement and the fence issue with a title search. In my many years working for a utility company I was the barer of bad news many times with home owners. I removed my share of fences, trees, and a barn.
Isn't that precisely what a real estate lawyer is for? Easements, liens etc.
And how often does the county need to access this? I have called the county to have the ditch cleaned out behind my house several times. Been here 25 years and the county still has not cleaned the ditches. Sounds like a power trip to me.
The easement gives them to _right_ to clear the ditch, _not_ the obligation, and they likely will only show any interest in doing so if there is an obstruction or flood in the area. I have a drainage easement on my property, but in 19 years I am not aware that anyone from the county or state has even come to inspect the easement, much less clear or maintain it. In fact the water deviates from the easement after less than 100ft and runs onto my neighbor's property and the easement tracks sideways across a slope in my yard, so the easement for the purposes of drainage is pretty much useless, unless the state decides to come into my back yard and regrade the land.
When I closed on my house I not only double checked the Plat map I read the contract, they were pissed but I found 2 mistakes, a prepayment penalty and a floating interest rate. Do it again is all I said, they had to do it a third time and I read through that one extra careful. 4 hour closing and all I could think is sure they sent me the papers to read before hand but I wanted to make sure what I had and what I signed were the same. The way they acted I was the only one to actually read what I was signing and what do these people who just sign get screwed over on.
Yes. A neighbor of mine thought he was buying a house and 9 acres. Turned out to be 3 acres. He's since cut his losses, sold, and moved on.
People never learn, buying a house, get a survey by a professional land surveyor and get a Plat and understand where all easements are on your property and your property corners are. .never trust a builder or a slimmy real estate agent either..
Really? In this day and age did none of these people get a building inspection or a legal survey done before they bought the home? They don't do their due diligence and then expect other people to pay for their mistakes. You have to take some responsibility when you buy a home; you get a building inspection, you get a legal survey, if you have a septic tank you drain it and have it inspected. Come on people.
Seems like a simple solution would be to put a hinged gate that allows the county to enter the area to service, but can be closed for privacy when not in use.
The builder would have had to sign a disclosure document that the property meets all local codes and ordinances. At very least the builder has a significant liability over inaccurate or false disclosures.
"Large backyards" 🤣
If Ryan is in the name of the builder, you're in trouble.
Listened all the way through, UNTIL I saw that doughnut box being opened up at your studio. Yummmmmm.
Upon buying, there is a survey, the buyers were idiots for not reading the documents. This is the buyers fault. The developer only violated city codes during his ownership, then when sold the violation was transferred to the buyers. Read the purchasing agreement (contract) does it state that there is no cumbrances concerning the property? If that is not written then the buyer is out of luck! Always get a
"NO CUMBREANCES IS ATTACHED" & inspect the survey, go measure or demand that the survey stakes be marked by survey flags.
It doesn’t appear maintained. What’s the beef.
Home owners realtor and closing attorney didn’t point out that the backyard had a 25ft easement?
Literally no one reads all the closing paperwork and shady builders know it. They will quite deliberately bury a statement about such an easement between two unrelated documents, and then just hope no one notices because you've got forty different things to sign.
This is why you always check property lines before you buy a fixed structure home
How were CO issued with such a glaring code violation?
Maybe not a building code violation, but a zoning violation
Sounds like a case for a full refund to me.
1. Its an ugly ass fence.
2. Why buy a home like that with no backyard?
You know when a prepared statement begins with something like "Our goal is to..." it's going to be some bullshit.
In industries I've worked in we called that ACE. Arse Covering Exercise.
Adds up to people being dishonest and it's usually the council.
It read like their goal was to pass the expense off the new owners.
When I sold homes for a developer, we had these items initialed on the contract and some had their own paperwork that needed to be initialed each page and signed at the end. In addition, the buyers had to sign the plat or site plan showing the house location and all easements, lot lines etc. builders can be shady but that does not mean you can be a dumb customer that does not read and ask questions.
Yes, it's always the consumer's responsibility.....
Easement should be disclosed
I'm sure it was, unless they did some sort of cash deal with no title search or closing attorney. So, I'm thinking it was
There was enough incompetence and fraud involved here to rescind the sale. The homeowners get their money back and the developer gets the house back.
Nobody it seems can be trusted
This is a issue from several parties involved in this deal, first the developer had a survey done on the property which on his survey he should disclose a drainage easement that’s close to the property or near the property which convert into a encumbered on the property, second the title company which does the abstract and checks for every detail that involves this property which have recorded or have in their records that there’s a town drainage easement, his attorney should have received a report which is a title abstract from this particular property of all the encumbrances or easement on or near the property. And the owners prior to signing a contract should have walk around the property seen theirs a ditch or a drainage and should have ask the developer or realtor what story does that play onto the property. So sad that all these professionals missed this simple drainage easement from the town. For me that person who has the biggest fault here is the developer. Bottom line.
With all due respect, unless the state requires disclosure, no one must disclose anything, a murder, a fire, a rebuild, the separation of mineral rights or ANY easement. As a buyer the BURDEN falls on you to learn. DUE DILIGENCE is you learning everything before you purchase. Contingency was designed for the buyer to lock in the deal with a deposit, "BUY TIME" to find out easements and to have surveys completed. These buyers DID NOTHING but show up and sign the document shoved Infront of them.
BOTTOM LINE: Consult all departments, ALL utilities, Review the abstract. Find out about future street widening projects. Learn what utility is underground. Many easements will never be visible until that back hoe in your back yard digging it up. Remember every thing is public record. AND IT IS FREE to obtain. Simply standing on one corner, squinting and squaring yourself up with a fence line is NOT DUE DILIGENCE.
it's all about the bribes. think about how much court time will be used to correct it. they just want more bribes.
How did the development get occupancy permits? Or does the local government not require?
Since when is that a "big back yard" 🤣🤣
update?
Any real estate agent would have told them to look into that had they been buying a home unassociated with a developer. Any flowing water usually has rules of how close you can build on it. The good news, no one can have a yard that comes right up to theirs either
This is where your agent is supposed to do the work. Like, suggest you get a survey done. Of course, that costs money and delays the closing. Don't be pressured to get the deal done. Buyer's remorse is a lot worse and typically costly compared to due diligence.
The home inspection should have uncoverd this and reported it to the buyers hes on the hook becuse both the builder and the inspector didn't disclose this. You can build on an easement but if the servicing crew needs to get into that area they can take it down and not replace it.
Put some gates in the fence so as to allow access for the County to the drainage ditch!
They should have checked for easements before buying the homes.
You bought a home without looking at the plot map?
Sounds like the attorney failed these homeowners
what is on the other side of that ditch? second do they get a tax break since they don't own most of their back yard if this happens ?
the new buyers had the house for 30 days before they received the fence notice. why 30 days? most places have to be at a place for 30 days to own by law.
Bob Bobby, you are so wrong with your "30 day" assumption. I have worked in the Title Business for well over 20+ years. Once the closing has concluded, the deed is filed in county records, which is usually the next business day, the property is then legally the new owners. Once all documents have been filed, ie, deed, mortgage, releases of prior liens, a Title Policy is issued, to the new owner and the Mortgage company, if any. If there are problems then the new owner can file a claim with the underwriter of the title policy. The main lesson to be learned here are: #1) MAKE SURE YOU LOOK AT THE SURVEY OF YOUR INDIVIDUAL LOT, for any and all easements, building set back lines, encroachments, etc., #2 GET A COPY OF THE SUBDIVISION PLAT, this will show you the entire subdivision, all lots, all common areas and most importantly ALL EASEMENTS, BUILDING SETBACK LINES, ETC. Your Owners Title Policy will also list all easements for your property with the location, ie, North, South, East, West and any variation of the above directions. Remember people, always have your closing people explain every document to at the time of closing. DO NOT sign anything unless you understand it completely. Most closers will have you initial and or sign the survey. Again, DO NOT sign the survey until you completely understand it!!!
@@jillkulhanek7383 To me the sellers have an obligation to disclose anything that they know of that can cause an adverse effect of the buyers being able to enjoy and use the property. Not making something clear like the fence issue they knew about, is the same thing as selling flood prone property and not disclosing it to the buyers. IMHO the contract is voided once it's apparent that fraud was committed by omission of not disclosing the fence issue
@mark price you are correct that morally/legally the sellers are to disclose any an all issues about the property, including if a murder/death occurred, however the real estate agent is also obligated to disclose that and any other information to the buyer. When title work is done all easements, flood zones, encroachments, ect. and any judgements against the current owners, are found and disclosed in the Title Commitment and any Surveys that have been done on the individual property will be addressed in the commitment. In the end, once the Owners Title Policy is issued, any issues that may arise that are not addressed in said Insurance Policy can be filed as a claim with the Policy Underwriter. Also, and I can't stress this more, the buyers MUST make sure that they understand each and every document that they sign at closing INCLUDING the survey. Never sign anything unless you completely understand it, make the closing agent explain until you do understand.
@@jillkulhanek7383 Yeah, I don't know why all the hub hub is over this since it looks like a clear case of fraud by omission. The whole contract should be voided and the family should sue for the hassle they've been put thru.
Yeah Dan Ryan's going to own that then people are going to contact an attorney letters going to be sent and they're going to come and take care of the fence and then Ryan's probably going to end up getting sued over non-disclosure during the sale and closing
Also, the county should reduce the easement width behind their houses, they don’t need 25 feet, 12.5 feet, along with access to the ditch should be plenty. The builder is liable in this case and the municipality should recognize
That the homeowners are innocent, they had no way of knowing the fence was in violation, and if the builder disclosed it they should have signed proof from the buyers of having been informed.
The city doesn’t need the ditch, they should have insisted that the developer lay pipe that would go to a overflow pond. The taxpayers pay for not being able to use it. You can’t demand as a future buyer, it’s to late. This is where the city and county needs to act to protect its citizens. The developer has to conform to its requirements or the development is not incorporated into the city. No garbage pickup, snow plowing, etc. The news has got to dig a little to find out why they are conforming to the developers wishes. No action on developers for violation until it is sold should be proof enough that there is collusion between the city and developer. You shouldn’t have to prove the obvious.
how can a fence cause an issue with flood control..thats just silly
The county says the problem is that the fence blocks access to the easement for maintinence.... Does the county need 100 feet of open to gain access to the easement? Couldn't 2 sets of unlocked gates serve the same purpose? If I were the homeowner, I would offer to put EVERY fence panel on hinges and latches, so EVERY SINGLE ONE can be opened and shut on demand.
can they just put a gate up to give access to the ditch?
I didn't hear a word about suing the home builder, who defrauded the home purchasers...short of that their new homes might have issues with lightening strikes...
Make a moveable fence. Break the fence into small modular pieces, say 12 ft long that can be moved by one or two guys. Attach these to a base that will hold the piece upright and from which it can be detached or moved as a unit. Or put it on wheels for easy movement when needed to be moved.
Say goodbye to the "moveable" fence during the first windy thunderstorm. The panels are basically portable SAILS if they are not DEEPLY anchored in the ground. Have you ever seen a trampoline flying in a windy thunderstorm? Very dangerous and uncontrollable. No ground anchors are allowed on the easment. So no way to safely secure them.
I forgot to mention that you would put buried anchors with an eye at ground level so that the moveable fence would be quick to detach when it had to be moved. Thank you for pointing that out. How ever if anchors are verboten then this option is out. Maybe they could park some old vans, head to toe, along the property line. Drive them aside when access needed. Or live with no privacy.
It's still a fence inside an easement which is a violation. Once you allow one homeowner to do this you have to allow everyone.
How did they not know of the easement?? I was told when I bought my land...
Its sad when in a free country, that the cou can come in and take your property and then tell you what to do with it
Not really. Your rights end at the tip of my nose. If you hit me you lose your rights. If you park junk vehicles on your property and it devalues my house then how is that fair? If I knew you were a slob before I bought the house then it is my fault but not if you become a pos afterwards. Right?
As I've heard somewhere on the internet before. "It's not our job to catch you. It's your job to follow the rules."
This is TOTALLY THE BUILDERS ISSUE.
That easement is wayyy to large. How can the city enforce something that creates a hazard, or security issue? Get the state attoryney involved and hire a lawyer!
In my opinion the right of way did not create a hazard or security issue. It did not create one because it was there first. The homes created any issues. There was always a right of way but not always a house.
Sounds like a job for LAWMAN.
Can’t they provide gates for access to the ditch? Is it too simple? Gates wide enough for a little digger of course because one would never expect a worker to use a spade.
In the U.K. we have the hedge and ditch rule where the boundary actually includes the ditch and it is for the owner to maintain the ditch. The fence therefore could be put on the far side of the ditch technically and access is assured also. However, the developer is absolutely in breach of all sorts of contractual obligations. I’d be interested to see the outcome of this.
That's a small ditch the county probably doesn't do anything with it except for once every 10yrs or so.
Probably only when there's a big wash out after heavy rain
A ditch....lol. their government is basically telling them, "fuck your backyard". I don't see where that 3 ft ditch is going to do anything as far as drainage... And it's a hell of a thing when they just basically take 25 ft of your property.
The easement sizes are getting out of hand in MANY edition they take up half the back yards. And rarely are the utilities actually buried there.
This isn't a utility easement, its a drainage ditch/ flood easement - an area that the state can keep clear of obstructions, such as a fence, to allow flood water to flow and drain.
ugly fence... take it to court and get a jury verdict.
They will find the builder at fault, and realtor at fault also. The builder we go 'bankrupt' there for not their problem
My first question is why the county would need 50 ft of easement for a 2ft ditch? That's not an easement, that's encroachment. Not even a reasonable request.
When they have to move an excavator along it to clean it.
That's a big back yard?
Who gave to certificate of compliance to occupy the property
County should have put a lien on the properties before being sold
This is why homes in HOA communities costs about 30 percent less. Because technically you don't really own you own land or home. The HOA can put various leans on your home for whatever reason they choose.
The county should be stuck serving the compliant on the builder prior to the sales. Why didn't the county stop order the developer in the 1st place? New owners have no ties to through the negligence of the developer. County never fog it fixed.
House in Osterville just sold for 700,000. New owners are unaware that there is a Right of Way right through their property! Can they sue seller and realtor? Abutter who has the Right of Way is landlocked.
Easements. That's why you hire a lawyer for property transactions. The easement would have been clearly noted on property survey and documentation
You're dan right Dan Ryan built that fence there. Dan it if he didn't.
Always check your easements yourself... with the right departments... before you buy anything... Be informed as to what you are really getting...
They should've protect themselves under squatters right or something... AND why of all times did city even notice now?
In my state a title search is required. It would have uncovered these issues. Since you pay insurance on that search, the cost of correcting the problems is covered. At least, that’s the way it was in the dark ages.
Don’t understand how the builder wasn’t in breach of the sale by not disclosing that…not sure what recourse there is here. Seems like large companies get away with everything, reap the benefits, and pass the cost of “doing business” onto the individuals without consequence.
This crime is a tragedy. I hope these people can find happiness.
Isn’t this type of issue found out during title search?
Homeowners have no say on the fence. They can go on the property without notice to remove it. If the homeowner tries to stop it. Arrest them, put a lien on the property. Then sell it.
That's Dan Ryan for ya. It was nothing but fights with them when I bought a house in Frederick. Dan himself told me if I didn't like it don't buy it. Stay away from them.
Damned government, get rid of your ditch and onerous "easement";.... Problem solved!
this is why you pay title insurance.
The builders should be forced to buy back those houses, at purchase price, and the county should wait until the properties are vacated to force the builders to take down the fence. The builders should not be allowed to resell the properties until they have brought them into compliance.
People build illegal fences everywhere. Drive by marked pipelines in cities and you will see fences up. Quite illegal, but it happens and no one does anything.
He calls that a big back yard? That can't be feet from the back of the house to the fence. Smallest yard I have ever seen.
They should’ve read what they signed. They had the information they just didn’t read it. It’s the home owners fault. You are NOT a victim.
So is this a case of buyer beware ?...
Get in volved with government and kiss your life away! County and builders work together! They should of put a lean on the builder and made sure the property did not changes hand before fence was down! Really, there working hand and hand and you the tax pay has the problem!
There is a term you need to apply when buying property, DUE DILIGENCE:
ALWAYS survey. When you learn there is an encroachment you get the seller TO CURE IT. BEFORE you close. Otherwise, you own it.
Put a large gate in the fence for maintenance access only. That should solve their issue.
That should satisfy everyone except.........................which neighbor is going to pay for the large gate. If the seller has to pay then then which neighbor wants a large gate built into their fence.
@@jeffstanley4593 Who paid to put the fence up, and then who's going to benefit from it the most. The gate is something I could fabricate and install. The only costs being that of materials. And it would most likely be better than code. It seems to me that, that's cheaper than a drawn out civil suit.
Also, if the fence was installed illegally, who's gonna b¡tch about it. The cost of that fence, when added to fines for no permits, demolition and disposal, original build cost. I'd gladly laugh my ass off and install a gate. Then it's, "Go ahead, report me". 😉
Why not have the builder dig a deeper ditch and place gates in the fence for county access? The problem can’t be too difficult to solve.
i tell them with my lawyer that 1 why i want some dude from county trespass to walk thought my yard i paid for so they fix public area that fence on my side i dont want them in my yard to cut though hell no want to take me to court over that fence that was there before i move in go for it then i fight it & sue u for harming my life & putting it in danger also trying to steal a disable person money that i put in a first time home
You can't put or install items on land that is NOT yours. An easement is an easement. No buts or did not know.