Homeowner says home is "worthless" after discovering easement 14 years after purchase
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- เผยแพร่เมื่อ 20 ส.ค. 2023
- An Odessa man is suing the City of St. Petersburg, alleging the city didn’t correctly record a 50-foot easement through his property. The city blames his title company and said the easement contains pipes supplying water to 360,000 residents. The I-Team has found evidence that the easement may run through other properties in the Odessa area whose owners don’t know about it.
This guy did everything correctly. The Insurance company needs to pay him market value and then sue who they want to recover it
Except make timely payments on his property loan. I want to know more about the foreclosure.
@@sid2112 I would say the mortgage provider was either lazy, sloppy or deceitful in their research. Why should this guy pay anymore when it's clear he has been cheated.
exactly.
one cannot expect for the new future owner to dig up 100s of meters of their property just to make sure city/state infrastructure doesnt run exactly under the house.
Here across the pond, they wouldnt even let you buy that property because of that same reason. Way to many homes rely on that water. Come to think of it... If this guy becomes vengefull, he might just poison the water to the city and then what??? Pay the man a proper price - at least half. You can do your court circus afterwards and sue each other for difference later on...
@@armchairobserver4747 Now hold on one second, I thought the title company was supposed to do that diligence, not the mortgage lender. He failed to make payments for long enough to get foreclosed on. I wish to know why. It could be pertinent to the situation. Now did he stop making payments when the easement was discovered? There's some just cause there, was it due to some disability? Just cause as well. I don't know, none of us do, and it should be made clear. It might even help his case.
you clearly didnt even watch the video @@armchairobserver4747
I’m a title examiner. It doesn’t matter if the easement wasn’t originally recorder correctly, if it was corrected at some point... which it was over 65 years ago. The title company missed the easement, and is responsible for paying out the insurance claim.
Nahh wrong they should have recorded it from the beging. Lawsuit
@@clnsnlcdsmx9889 you don't know what you are saying, doesn't always work that way. 65 years ago not even newborn babies' birthdays were recorded correctly or in a timely manner. Many vital records got lost too, this issue seems no different.
@deadpolymers3416 • I agree with your statement 100 % 👍
That makes perfect sense.
@@user-qe7sn8hg7sLMAO
It’s a damn shame how regular citizens that work hard, no criminal record and pay taxes get treated. The local govt & insurance companies in this case are getting away with murder just because they can.
Remember Marvin Heemeyer?
Tiny home people beware: My son & I lost our cabin that had been especially built for my disability on a friend's property, because of an easement. While we were out of state, a contractor was building homes across the street & he started to "clean up" the neighborhood. My cabin blocked his view of the lake, so he found out it was partially in an easement & had the county condemn it before we could get back. They were literally going to haul it to the dump had our friend not interveined & had it moved to the other side of his property. But because it was already condemned, we were not allowed to live in it there again. Live & learn. Make sure you find out these things beforehand. There are caniving (sp?) people out there who don't care if you & your family have what you need or not.
It can be a 2 way street and these ppl need to take care of ppl better or they might turn on them. I know I wouldnt take that lying down. No shot.
We're their cash cows
Have you seen the current state of the country today? Its widespread
it's title company problem. The easement was recorded in 1954, almost 70 years ago. Title company is paid to find such things. If they did not find, they are responsible for not providing a clean title.
Incompetent
It seems to me that the title insurance company should pay for it and if they feel the city or county is responsible go after them in court to be reimbursed. The only party that is absolutely 100% not responsible is the home owner and he's the one paying the price for someone else's incompetency!
They didn't know either, but I agree with you.
Right. This is why you buy title insurance.
The city is at fault since they did not properly record the easement.
True, this is what any Lawyer would advise.
Exactly! What the hell is TITLE INSURANCE FOR? FING ridiculous!
the point of the insurance is so the homeowner does not have to deal with problems. the insurance needs to pay out, and then go after the city.
Agreed. The title company is liable to client, and the city is liable to the title company. It shouldn't be up to the client to have to wait for the city. The title company should pay up immediately and then they can deal with the city to recoup what they had to pay out.
Insurance companies PREFER NOT to pay, they will try to find every single reason to not have to pay up whenever possible, and thats the problem with needing to have insurance. You can pay insurance on something for decades and one little thing can stop them from paying, insurance companies can hurt as well as help (depending on the situation).
Exacty
The actual point of insurance is so some billionaire can by a new luxury yacht or multi-million dollar vacation home somewhere in the world every year. Occasionally they will have to pay a claim to keep up the charade that they exist to help people, but not if they can fight.
State insurance commission should force the insurance company to pay .
A year from now: "no one knows why he built an armored bulldozer and trashed the city..."
I see what you did! 🤣🤣🤣
He drills down into the ground & (BOOM) sells tickets to the worlds tallest water shooting fountain
Cut it out. Most people aren't that evil. Plus IT'S NOT THE CITY OR COUNTY'S FAULT ALONE...."FIDELITY TITLE" is as Equally at fault.
@@nicholausbuthmann1421 chill 😅
@@chadsimmons6347 No boom please, that would be racist.
The entire point of title insurance is to cover unknown easements or claims on the title. This is one of the handful of situations that title insurance is supposed to cover. It's the reason everyone has to buy title insurance even though an incredibly small number of claims are ever made.
and they refuse to give him money 😂 insurance needs to be abolished.
@@Axodus insurance doesn't need to be abolished. they need to be sued and pay their share.
Which means title insurance companies are sitting on big profits. Pay the owner the million and sue the city. Do the right thing.
@@Axodushe just gotta sue em lmao
wait....Wait....WAIT....This means in 1982 someone built that house right on top of an existing water main....and no one noticed? No one discovered the pipes when marking the ground for footings? Or digging to run water and sewer lines? How many levels of incompetence went into this debacle?
Oh this was the 80's... they did and likely ignored it.
They certainly noticed and built around it.
This is exactly what I was curious about. It’s possible that builder didn’t know about the easement because even a builder that had very little common sense would NOT do it that close and on top of those pipes.
We're talking Florida here folks. Where the level of corruption has always driven so much of the madness in development which later gets blamed as incompetence or on mother nature. Guarantee that somewhere down the line, likely multiple times, there was money exchanged to make this happen or ignore it. Happens every day in Florida from the smallest municipality to Tallahassee. It's how business is done in the state of Florida. So glad we sold our vacation home in Cape Coral 2 years ago. After twenty years got tired of all the corruption and incompetence that's driving home ownership costs through the roof.
The house isn't "on top " of the water main. Easements are generally wider than the actual pipe line to allow for construction / repair space.
This poor guy. He lost his wife a few years ago and now discovers his home is worthless. I hope he gets legal help and gets his life back. He shouldn’t lose everything because of this.
I don't understand why the property is "worthless". The previous owner could sell it so why can't he? Aren't the pipes underground?
@@tonya--7704 the pipes are 100 or so years old and pass under parts of his house, because they are under pressure they could fracture and destroy the house, this is why the easement should have been recorded properly and the house should never have been built. I've seen a cracked 3ft main, the damage high pressure water can do is, quite spectacular, now thart the title is recorded no one in their right mind would buy the property.
@@tonya--7704 No smart person would buy it.
Even if the pipes never rupture, you have to allow city workers on to your property to maintain that easement, likely with no notice at all knowing city government. It is effectively property you don't own or at least have to share with the city.
He won't get help, he'll get buried in litigation. He'll die with nothing and likely not see the case even closed out. One man vs what we've allowed to be built up against us.
THAT is the American dream now.
Cope.
The title company did not do it's job. They guaranteed the property based on their research. If their research consisted at looking at a few deeds drawn up by the city, and they chose to use that to write the policy, then they need to own their mistake. If they believe the city made a mistake they still need to pay out on their policy then go after the city.
exactly, why does he need to wait?
All affected homeowners should band together and hire a high profile lawyer and sue the city and title insurance companies collectively.
Move this to Tallahassee courts and get the state legislatures attention.
Done.
Is there any update on this? Where is the Florida r? Too busy harassing, bullying, and trying to control pregnant women no doubt, rather than helping those who really need it.
Once again, the people responsible(both the title company, and the city) and who’ve been paid to do a job, mess it up and leave someone in the lurch. They get paid to do a job, and when it’s found out they messed up…”Sorry, not my fault.” So infuriating
Welcome to America.
I'm going through some title issues with my property right now been a nightmare
If ppl stuck together and helped each other we would take care of all these problems. But too much pride ego hate prevents us from taking care of these ppl who abuse.
Worst part is the people responsible are long dead.
Too few companies left. They no longer need to compete for business and feel like they can get away with whatever they want and since they work hand in hand with the government, it's pretty clear that they are correct.
I can't understand how we let insurance companies off the hook like this? They ambitiously take everyone's payment but the second it comes time to file a claim, they are on the hunt for loopholes to get themselves out of the responsibility.
Why would a thief give back the money he just took from you effortlessly?
Greed knows no bounds friend.
Americans stopped dragging executives out of their homes and lynching them back in the 1910's. They have no reason to fear us.
It's all a scam...insurance companies are structured so depts within the companies are completely separate so they can defend themselves from failure to pay claims. That's how they profit. If you can pay claim damages on your own, do it rather than feed insurance companies.
Capitalism
The title company owes him the full former market price of the property. That's why it's called insurance.
@Hello there, how are you doing this blessed day?
Except for the fact the Title (Insurance) Companies are a sham invented by lawyers.
@@edithbannerman4 Hey Edith
I used to live in Texas where i bought a home with 2 plat maps for the property. I was able to get back all easement rights back . Then i resurveyed the properties into one plat. The easement line ran through the wall of 2 of the rooms of my home. Took me about 3 months to do all this and luckly nothing was ever placed underneath the house. I had to go through all the agencies and companies involved to do this but i no longer have to worry about anyone trying to install and pipe or run lines under or over that house.
This is where a State Rep should get involved and ensure the citizen is not abused.
You really think that is going to happen in a state like Florida? They only care about the corporations that put them in power.
Bahahah
@@r.c.l2569 You used to be able to get them involved, and they would write a letter to the negative party. My parents got several problems resolved that way. Also, I've seen recent news stories where the state rep's helped, though more often it's a local news team.
Won’t happen
a pipe dream hehehe
This is exactly what title insurance is for. This is disgraceful.
Of course it is, and banks force your to buy title insurance whether you want it or not. I had a somewhat similar (though much less serious) problem with a property I bought many years ago and the title company ran for the hills, dragged their feet ,and took no responsibility. Title insurance is one of the biggest rackets out there - they charge high rates to cover events that almost never happen and then don't pay when they do happen. His title company owes this man money, period. Then they can take it up with the city.
The city offered him $25,000, what year did they think was?
@@mrautomatic9087They never give a serious amount of money lol.
When they were doing the interstate/HW system back in the 50s they took my family's home in exchange for $350
Someone owes this man a million dollars. Any update?
Nah, this story started in 2015 and the video published in 2023. Give it maybe another 8 years before we actually see any results
Come on. It's Florida, right? Let's get real. We know who got rich off the deal. Look back at the original easement and then who sold off the parcels of land? Who gained from them not being devalued because of the pipeline? And then not recording the easement until 20+ years later?
My dad was a Florida real estate developer. Back in the 1960's some public officials sold several developers a map where I-95 would go. They bought poor people's houses near main roads dirt cheap, then sold them for millions as gas station lots by the exit ramp. Florida's government has become more corrupt ever since because it pays so well.
He needs to sue the title company/title insurance company if they won’t pay out his title insurance policy. They are trying to pass the buck but title searches are supposed to go back to the beginning of records for the LAND, not the deed. Because the easement was actually recorded in 1954, well before the home was built, they could have caught it before Hammet purchased the home, but they just looked at previous title records apparently. Nevertheless, this is WHY we purchase title insurance. He has a very clear right to receive reimbursement for his loss. He needs to get an attorney.
Greed is here the problem. I have the feeling title company did not investigate. Now it is a problem for town, title company and some to compensate the buyers.
Title company messed up, they will be forced to pay in court.
What is the point of buying "title insurance" if they aren't going to cover you?
Or the city to have them shut off the water and tell the millions who rely on it they be screwed for year
It was INCORRECTLY recorded in 1954, that's why it didnt show up on ANY of the 7 title searches, the title co is 100% innocent, they couldnt have missed something that was NOT THERE!
The city (basically the government) NEVER apologizes and NEVER admits when they're wrong. If someone has to get screwed over in a situation, I can guarantee you it'll be the average US citizen EVERY TIME. What a disgraceful shame.
They would appologize if it was a company.. especially if the owners have friends in govt..
@@hotflapjacksmcboogle-jd7frsame thing I was thinking. Doesn’t exist right? They would have to pay millions to fix it.
@@demondbrown206 and keep doing it until its more cost effective to just relocate it lol
@@Caterpillartears did we just find a paradox of corruptness? Hummmm....
What a retarded statement. “Muh government” local government is nothing like federal you foaming inbred
Part of the site is unusable swampland, and those pipes have been there for 96 years. Beyond the easement itself, probably worth checking maps of the area from around 1925. If the area _wasn't_ swampland back then, the water main probably *is* leaking... 🌊🏠⚠
Also: I know we don't have the clearest understanding of US law in the UK...But doesn't US law give the homeowner a right to defend their property against _all_ forms of intrusion?
Given my copy of the title had *no* mention of the easement at all, I'd be considering liens against the utility provider and forcing them to re-route it away from my property (As well as rectifying the swamp, if historical info suggests their pipes have caused it.)
When we bought our house in 1999, I was so disgusted that we had to pay for a title search, and then pay for title insurance ourselves in case the title company didn’t do their damn job!
@Hello there, how are you doing this blessed day?
It seems to me that the city has two options to rectify the original error - either pay the property owners for the lost value, or decommission the pipe and restore the property rights.
Yes, since the easement was not properly recorded.
Eminent domain. Pay the fair market value, record the easement, then sell to the highest bidder.
These assholes should pay the guy.
You can't just decommission a water main that serves 360,000 people....
The problem is, if they did that for one person they might have to for anyone else that has a building over the pipe as well, which would get extremely expensive.
I hope every homeowner sues !!!! Absolutely horrible and I hope they're all compensated to the full extent ! 25,000 for a 900,000 house is disgusting. I hope they all keep fighting.
Should open that 'blowout' valve and crossover the sewer line into it. That'll get rid of that easement real fast. Florida man problems require florida man solutions.
why would every homeowner sue? You do know this only affects ONE property right?
@@kishascape yeah you go do that and see how fast the county is there digging up the property. And you really dont know what a blowoff, not blowout, lol, value is. Do research next time genius.
@@executiveinvestments 4:13 it is reported that his property isn't the only one affected
@@executiveinvestments Spot the person who didn't listen.
When something like this is discovered that affects so many properties whose owners are likely unaware, how would people go about finding out if this includes their properties or not? It sounds like a lot of these properties received building permits when that NEVER should have happened.
Poor guy, I feel your pain, we are all disillusioned with the American dream too. I had a sewer line running under my house but no easement was given to the city therefore I was able to deny a re-pipe when they came to me. We worked to find a solution to go around my property and subsequently they discontinued the old pipe that sits way under my foundation. My house is 72 years old and foundation looks great, so I hope it remains that way. I truly do hate the way our government and insurance company treat the common man.
Did you charge them for the back rent on the space?
I hope city filled in pipe w at least mudwater that will fill in and dry over yrs..
The city offered him $25K for a million dollar house - yeah, I'd call that a real low ball offer!
I'd call it attempted fraud.
the land will not lose that much value, but will be in 2 places. The house, salvage value (or move it.) Humor; but the house has great pressure in the shower.
So for the city’s property tax division it’s worth a million, and their lawyers it’s worth $25k. That’s 2.5% of what those other guys used for their assessment. I wouldn’t leave so much as a piece of meat on their bones.
@wthornton9526, I hadn't thought about that.
Sounds to me like he needs one heck of a tax refund!
I did not notice the number on the city records but let us not confuse oranges. The asking price on R.E sites are partly based on desire and what other houses have sold for recently. The city tax division has a different number which starts off with an assesment/reevaluation company getting hired which in turn hires students to see if the outside size matches the drawings, and the regular employees count the rooms (U do not have to let them inside) and look at recent sales. They, the assessors/evaluators, come up with a value. Then they look what political party you belong to, or if you cause them grief, and adjust the value UP or DOWN. That # stays the same until you add on (the city assessor increses the value) or there is another city wide revaluation. Except for newly built houses, the asking price and assessed value are far different. IF a junk yard opens up next door OR they find a pipe under your house, the city will not lower the assesment, especially if you sue the town or have not greased palms. The is an appeal process but no one would believe 25K, and buyers must remember the agents are getting rich via "what ever the market will bear."@@wthornton9526
Shocking incompetence... Poor guy, that's a homeowner's nightmare...
ahh this is Florida, not usual level of incompetence
The city needs to sell that immigrant trash back into slavery!! How dare he complain, he’s not even American!!
"They call it the American Dream because you have to be asleep to believe it" - George Carlin
Wow this sounds like a nightmare. I work for a utility as an engineer and when I worked in service planning I had to get access to a few easements. You'd be surprised the amount of ppl that have no idea there's an easement going through their home. Although all the ones I've seen are only 5 ft or so within the property line. But still multi million dollar houses and the homeowners have no idea there's an easement. In fact one of them was owned by a famous actress who never spends time there so she has a house keeper/assistant living there, and they all thought we were crazy trying to argue with us. They built a bunch of stuff around the manhole and once we climbed over it and showed them then they backed off
May have been a simple clerical error in the beginning, but now I'd expect to see a massive class action lawsuit in the making here as everyone with property over those pipes becomes aware of this.
Whether the individual property owners are the plaintiffs or the title insurance companies are the plaintiffs, it's going to be a huge mess, and nobody who made the mistakes are going to pay for it.
The property owners and/or the taxpayers (local, state or national) are going to pay for it.
I feel horrible for this man and for all the others along that route who are realizing they are in this mess.
Class action pays nothing. They need to file one one one.
Hard to collect property taxes on something that worthless. Have hundreds of structures built along that easement, and collect decades worth of taxes on overpriced homes. By the time someone finds out, you’ll be dead, and the guy who replaced you will have to repay the property owners back all those taxes.
@@UmmYeahOk Yeah, sounds Calculated to me.
Clerical error... you can't be serious. Politicians and developers have been bedmates for generations in Florida. Your still to this day seeing massive development on swamp land.
Do some research on class action. The attorneys and companies responsible are the only ones who usually benefit. Plaintiffs often sign away their rights and settle for pennies on the dollar due to their attorneys poor advice. Class action is a joke.
The property owners are plaintiffs and the insurance companies would be subrogate parties.
This man has lost a lot in a short time, yet still they want more from him… absolutely disgusting
he didnt pay the mortgage. Keep feeling sorry.
@@executiveinvestments Feel sorry for you almost as much as the guy in the video. Hope things get better for you.
@@cash_ look at this troll. Was I talking to you brokie? Kid I live in a $2M home and drive $400k cars. Go feel sorry brokie. 🤣🤣🤣🤣
@@cash_ and “cash”. Something have don’t have. 🤭🤭🤭🤭🤭🤭🤭🤭🤭
Welcome to Florida
This guy is exactly right. If necessary, the city could tear apart his house to get to the water pipe. I have an easement across the front of my property. The pipe burst one day and the city broke my electric gate ($2000 in damage) to get in to fix the pipe. I shouldn't have put a gate there, but it shows what happens where an easement is involved.
Unfortunately the city can do whatever it takes to have access to the easement. Think of it as the price you pay for having the extra land. It’s a risk you take fencing in an easement. Yeah it sucks.
If the easement is not recorded... then there is NO EASEMENT and the city needs to move their pipe out of that man's property, and pay for any damage to his building and landscape.
Shame, shame, shame on every professional involved, the Title Company, St. Petersburg and the County.
Yes!
There will be no shame and no accountability,
The govt & accountability, is like trying to mix oil & water.@@stevecoyle1
So people today are responsable for errors made by other people in the past and should feel shame?
The city needs to sell that immigrant trash back into slavery!! How dare he complain, he’s not even American!!
This is 100% on the Title Insurance company. They should cover his losses, then go after the city for subrogation. The very PURPOSE of Title Insurance is to cover stuff like this. This poor man - he deserves better treatment at both the hands of the city and the insurance company.
They'll just refuse to pay, make him hire a lawyer, drag the case on for years, and wait him out. Eventually he will run out of money with all the lawyer fees, and then he will be forced to drop the case. Insurance company wins.
I could be mistaken but Fidelity is a Title company, not so much a Title Insurance Company. It’s possible the homeowner didn’t purchase the title insurance and we don’t know whether he did or not.
@@MistahFen Thanks for the clarification - I didn't realize that.
@@MistahFen I guess that's possible, but if he got a mortgage, he almost certainly got title insurance as almost every mortgage company requires it in order to get a mortgage. They will either let you pay it up front or roll it into the loan. Otherwise, the bank is taking a huge risk that they might not actually have a valid claim to the collateral (i.e. house).
@@MistahFenpretty much the only thing a title company does is sell title insurance
He should be covered by his title insurance. Dealing with situations like this is what title insurance is for. As for the question of who is responsible for the title company not knowing about the easement, that's something that the title company and the city need to argue over.
@Hello there, how are you doing this blessed day?
A few years back, Duke Energy sent subcontractors into my neighborhood to replace the underground electrical distribution (a needed upgrade). The existing lines were marked out by LOCATE. When the crew came to my yard I found them digging holes well outside the easement (5 ft on my side) and proceeding to pull 7200 volt lines next to my pool enclosure. I brought out my survey and told them to stop work (No speak english). I then called the Contractor who sent a manager out who had zero clue about easements. I told him I would be calling Duke HQ to shut him down. They did move most of the path to the edge of the easement. The Subcontractors suddenly understood english when the manager told them he was allocating 3 more hours. I am certain that the easement has been violated in the rest of my neighbors yards.
At least your not in iowa/ SD where they just took land for C C pipelines
$25k is a slap in the face. Just pay the man what the house and land would be worth without the easement and let everyone get on with things. Do the same for anyone else who wishes to relocate. As the one man said, that pipeline is a ticking time bomb and any lawsuit that comes out of that could be far more costly than paying people now.
said as if cities have so many billions of dollars to throw around that a few billion wont completely destroy the city and all of its citizens financially
25K is more than a slap in the face. It's a big F U to one of its taxpayers...for the CITY's own mistake.
@@styleisaweapon - For most cities, they have projects (such as beautification, and creating bike lanes, walking pathways, etc) that they could certainly put off for a few years. They're talking about an area with a LARGE tax base, not a tiny town with 35,000 people.
Can't be putting the construction on hold to pay for this! Those politicians can't embezzle, cough, I mean pay their friends companies, wait... "improve the city by repaving the same road every year". @@tbelding
@@styleisaweapon it is this city that fucked up on the paperwork. They do have to pay him what the property is worth whether this city likes it or not. You would not feel the same way if this happened to you.
I love how the city says the title company should have done their due diligence. Had the city done their duty the easement would have been on record for the title company to find!
100
It was corrected in 1953. They did not do their due diligence. This is on the insurance company not the city.
25,000$ for a 1,000,000$ home is an incredible insult
When mistakes like this happens common sense need to prevail. Seems like the authorities lack this?😢
This is why investigative journalism matters.
People need to know what can happen and how companies and governments shirk their responsibilities.
Keep on this story!
No we don't need journalism they don't report facts they gossip and make things z worse. They Google the ne2s instead of like the old days investage and do the work. They blow things out of proportion. U can see that with the different levels of their tone they use. When it comes to race they keep showing cops beat blacks and don't report white people being beat. They keep people worked up and talk about poor black people. They don't talk about poor Asianbs or Mexicans or any other race just poor black people. We don't need journalists the beat a dead horse keep the hate going. No thank u.
The City screwed this up and they Know it! There is no excuse for building a home on top of major utilities! No excuse.
@@clambroth1923 would be exciting for the backhoe operator putting in a pool
Yep. Nothing gets built without a city inspector following the process and having to make approvals through multiple stages. So if the record of the easement was easily available, as the ciy seems to claim, then the inspector should have been aware of it and refused to sign off on the permit to build.
@@brt5273 inspectors are usually city people employees and most if not all are incompetent
@@brt5273 did you not watch the story? The pipeline was built in the 1930's, but the city didn't record the easment until 1954. The property record updates follow the previous record, so since the easment was recorded after the fact, it does not show on the property record. This is clearly the fault of the city and the city should be responsible for damages.
IS THIS IN TEXAS?
Keep fighting brother an stay strong 💪 never back down! Never give up!
Getting the county to do anything is a joke. But they sure will get what THEY want
@@clambroth1923- No, the county is a nameless, faceless entity that serves its own purposes while paying lip service to the citizens they bilk out of their tax dollars. The average citizen would be appalled by this and want to see the homeowner made whole, a POS bureaucrat sees an opportunity to make a name for themselves below-balling an offer to a citizen. That is not just, it is not right, and it most certainly is NOT a government that serves the people. So take your high school government class fantasy and stuff it and instead look at the reality of how the government treats its citizens (particularly how the police treat them).
All they will do to avoid doing anything right and proper for the families is claim Imminent Domain.
@@brettg1440but imminent domain requires market value reimbursement
@@clambroth1923 The county is not the people who live there, it's the admin who get paid to run the show. County seat is perhaps the most powerful when you break gov. down.
Get the state involved.
What an injustice. It was the City’s failure, and the man and his hardworking wife paid property, business and income taxes there for years. The City owes them a PROPER recompense for what they’ve lost.
They need to sue for negligence.
If the story is true then yes he deserves the money as the city has failed him, they owe him for it.
This case seems complicated, but it appears if the city wins their case then he has practically all the evidence needed to win a payout from title insurance. The main reason he would not get paid by the title insurance is that the easement was not recorded or impossible to find, but the city in their case is claiming it was clearly recorded and easy to find.
The problem for the city, is that the easement runs under potentially dozens or hundreds of structures and the owners for all of them would have to be compensated. The city almost certainly doesn't have the money to pay that, hence the insulting lowball. The city probably did the math on the number of structures affected, and the amount of cash on hand for property acquisitions or some such and than divided the amount of structures affected by the amount of money the city could pool and than sent that number off as an offer to the property owner.
It's a very complicated fuck up and likely to gonna require a bailout from the state to properly resolve and make everyone whole. I hope that the state makes all affected by whole though, some serious bullshit.
@@zelkuta I saw that problem immediately. But it sure doesn’t change the fact that these people paid their taxes and deserve to hav e what was stolen from them recompensed.
If the City has to borrow from the State, counting on future generations taxes to eventually pay that back, so be it.
This is what title insurance is for! They can pay out the claim then go after the city. The homeowner can get the state insurance commissioner involved if needed.
Title insurance should pay the man and settle their beef with the city in court if they need to.
As someone who's worked for local government, it's frightening how poorly documented things like utility easements are. I could not for the life of me find a twenty foot easement supposedly going through an entire row of houses' backyards on any records anywhere we had in the archives.
I have a sewer line from the 1948 on my property that, until February, neither the city, county or local utilities knew nothing about. It connects 8 houses. Runs between my house and the neighbor and then through my back yard and under the back neighbor's house. It's an 8" clay pipe that is broken in multiple sections and has tree roots growing into it but they won't replace it or move it, they'll just come every few months and scope it out to make sure it stays clear.
In my city all our easements are well documented and home owners are aware. And all our easements and utilities are mapped and located easily.
@@DarkyBlueConsider yourself lucky, because in most places the local governments stick their thumbs up their butts and sit on them.
@VKMilling back before digital records things got lost easy. the records only copy is probably in some long dead surveyors basement
Years ago AT&T screwed up laying new fiber optics in my back yard (part of the easement) and they punched a hole in a storm drain which caused a sink hole between my neighbor's house and mine. I got tired of the run around. They kept hemming and hawing about it and I said "well, then if you're SURE it isn't yours I'll dig down there myself and cut it with some cutters and seal the hole myself!" Then all of a sudden they were VERY interested in cooperating with the county and the regional water org that handles our drainage and it was handled.
That's exactly the type of person who deserves to win such a lawsuit. Did nothing wrong. Contributed alot to society. Worked hard.
I hope he gets the results he wants and deserves.
He doesn't deserve anything...... Why are you people so entitled?
Dude your souless
The funny thing is the little added story about his being a prisoner when he was in his homeland. That had nothing to do with his current plight.
He deserves what he paid for in full your dumb"""@@popsfereal3192
We found the government cuck guys
Somebody needs to be held accountable for his loss period. They should have to pay him full value for his loss period.
Title companies do nothing. They are a waste of money.
It would be useful to find how many homes or structures were built on top of the easement. The owners need to bring together a class action lawsuit against the city. They need to be paid market value for their land and improvements.
I was thinking the same thing. Class action against the city. 26 miles of property owners affected, the city will soon realise they are in deep s&*t.
Yes, exactly, pretty easy to do
And then move out of the city before taxes go up to cover it. Leaving those that stayed unrelated to the easement to cover it.
The question is, did they pay the original land owners for the easement when the pipes first went in? If they did the city doesn’t owe the current owners a penny but the title companies that did not do their due diligence in researching are the responsible party here. There was an easement recorded in the 50’s so it is on record and available to be found.
Those records were added AFTER the titles had all been granted. It is still very much on the city.@@user-xh5xj7bz6x
Is there an American alive that can say they have ever heard any government official at any level stand up and say "we screwed up and we'll fix it"? THESE PEOPLE WORK FOR US! iT IS PAST TIME WE ALL UNITE, STAND UP AND REMIND THEM OF THAT FACT!
I wish more people had this fire like we do. Of course they no longer educate generations in the fact that THESE PEOPLE work for us
it never should've happened.
But how was the building permit issued?? How is this huge pipe not on the city's internal map?
Real estate lender for 40 years. The title company should pay to make this man whole. They are in a business for which this exact type of risk exists. He should appeal, as long as it takes.
Agreed, then the title company can sue the city.
When you're talking about hundreds of property across dozens or hundreds of miles of pipeline, some of those properties being $1.5 million, I can assure you with full certainty they WILL NOT be paying a dime to anyone. It will fully reveal the biggest most incredible fuckup in all of Florida's history and bankrupt the entire city for decades to come if they were to pay out FMV for all those affected. It's the same reason why Hawaii and Paradise, CA residents have never been repaid still to this day - all the insurance companies are completely bankrupt.
You'd be surprised how often these omissions happen. I knew someone who needed to put in a sump field, so they called the proper number and had everything underground marked. Then they started digging, and toward the street was a massive cable that the backhoe got snagged on and someone had to come out to repair it. It ran to a nearby military base. The utility company wanted $1100 for the repairs, but my friend had the map showing nothing was marked there and never heard about it again.
And that's exactly what should happen.
Must have been one of those *secret* military cables. That's the downside of the secrecy, I guess.
How did he get on having the cable marked on his deeds, etc?
@@TeddyBear-ii4yc"called the proper number"
So he had a 811 map which is pretty rare as they almost always got something in the ground and only give out maps rather than send people if there's truly nothing there on record
@@TeddyBear-ii4yc cable marked on deeds? huh? No such thing.
The title insurance company had a fiduciary responsibility to make sure the property they were signing off on was clear do so. I don't know what the law is in that state, but in the states that I worked in the title company would have to reimburse the owner, then they, as the insurer would have to payout on the house. At that point they could go after the county. The property owner is not the one who has responsibility for the due diligence on the property. That's what title companies are for. This guy should get most of his properties value in my opinion, and experience, and not it's salvage value but close to FMV of the property. Burns me up, clerical error or not, somebody at the title company did not do their job right. 😡
It was clear, the COUNTY INCORRECTLY recorded it in 1954, that's why it didnt show up on ANY of the 7 title searches, the title co is 100% innocent, they couldnt have missed something that was NOT THERE! the County is 100% responsible nobody else is
Reporters are idiots and have no idea how to ask questions on any topic. The city’s failure doesn’t give the title company an out?!? This is like saying your home insurance insurance doesn’t have to cover you if there’s a fire. This is literally what he’s insured against!
The county? Imagine the court argument....
"Yes your honor, so there was this criminal builder and criminal real estate agent who built there while knowing damn well and sold it while censoring it out, but we'd like to extort tax money from the only innocent party in this, the county"
Hope the judge you get is more lenient than I am mate, because you'd be in a cell for contempt faster than you can say "Due dilligence" 😆
@@nvelsen1975If the easement was not properly recorded, and therefor did not come up when the title changed hands, then yes: the city is 100% responsible. Not the owner, nor the insurer. And who knows, maybe that house got built there because of that error in the records as well.
@@kaasmeester5903 100% agree. The only responsibility is on the city.
The title insurance company should take over this case, that's their job. He should be able to move on while they sue the city, and the city should pay the title company because it's their mistake. None of this should be his job. The company and the city are just passing the blame around.
Thanks for investigating.
The sick thin is the Low Ball offer. Time after time, the permitting process should have flagged PIPELINE. It is not the owners fault the permits were issued.
I don't get how when a property was built on and you have the utilities marked, the water company would ignore the biggest pipe out there. They had to know it was there, and I'm sure it was on their maps.
I feel so bad for this guy. After losing his wife, then his home, and all that. That’s so hard to go on. I don’t know if anyone has every gone through things where you can’t sleep, eat, and then you get sick because of stress. Then it never goes away, it’s a nightmare. I feel so bad for him.
The first time you lose everything, it sucks. Then, the human mind starts to get used to it. That's why we have '1984,' totalitarianism in effect, etc.
Welcome to why gun control is a bad idea.
I feel so bad for him, too. I'm surprised that a number of comments are blaming him for his home going into foreclosure. They seem to have skipped over the part where his wife got sick. He would have incurred so many expenses, plus the loss of her income, not to mention the terrible grief of losing one's life partner. I truly hope he wins his lawsuit.
My heart is broken for that guy
That's absolutely disgusting, sink holes waiting to happen
Also, if one of those huge, high-pressure water pipes began to leak under one of the homes, it could quickly cause a sinkhole and part of the house would have to be demolished anyway in order for them to dig down to access the leaking pipe to fix it! What a nightmare! I feel so sorry for all these affected people!
It could is the key. Bit it hasn't for that many years
Funny how he didn't know until after all those horrible things happened. He lived there for a long time and never knew!! And spent a lot of money to put down that nice road along the pipe way
It’s not IF one of the pipes springs a leak, it’s WHEN. Those pipes are almost 100 years old.
@@COJones43 Exactly!
@@aprilwiggins81road? Just shingles laid on the grass
A main that size would destroy the house if it failed.
The city needs to relocate (reroute) the pipeline at their expense to make this right, or buy all the properties at market value.
I don’t think you understand how govt works
This recording glitch should have been known to the city's building department. Of all people, They should know what easements are owned by the city.
The market value before as was before the pipeline was made known under the property that is.
That will never happen it's eminent domain it's a utility for the benefit of people
What damage is the pipe doing to his property! He's the one that made it visible from an airplane that it existed. Until then it wasn't a problem.
I have never seen a title company take responsibility.....Most worthless insurance ever.
Wait a minute...something is being withheld from the report. The Title Company is the insurance against this...that's what they exist for...they have to pay the guy.
If there's no recorded easement then it doesn't exist, and the city needs to buy an easement from the property owners. As an alternative, they need to run a new water main in a different location and discontinue this one.
It sounds like the easement belongs to the water company. That makes things even more complicated.
Considering the pipe is about 100 years old, its probably time to replace it anyway.
not necessarily @@guytech7310
@@guytech7310they could save money by building the new pipe in the same spot, where they already have paid for and posses the right to run the pipe.
@@styleisaweapon Sure but since the county didn't mark the easement & now there are several buildings over it, the best option is to move it. The likely can build under adjacent roads.
A similar thing happened to me many years ago. I bought a home on 1 acre and found that there was an unrecorded city easement across one corner of the lot that the title insurance company didn't find. It didn't effect the house but it did effect the driveway. The title insurance company, after months of fighting finally paid me for the loss in value and the estimated cost of moving the driveway. Then later I found out that the city didn't never put in the pipes that they bought the easement for and they sold me that corner of the property back for what they'd paid for it which wasn't much since it had been bought in the 1950's. I wish that guy luck, no one is going to want to accept responsibility for that.
Can I ask how you found the easement!? I'm currently looking to buy and don't want this nightmare.
The government made a mistake from the first time this was created. County recorders office is responsible for making sure that the info is update correctly. The owner prior to the easement was also responsible to letting the new owner know about the easement. Lastly, after the insurance pays him out, he can stay if he wants and the city should exempt him and other properties like his from paying high taxes. Worse case he can do a partial demo and remove the section that’s above the waterlines after the insurance pay him 😊😊
The title policy needs to pay. Thats why the dude paid for title insurnace and a title search. The title company failed and needs to pay the policy
I live in a small town in North Carolina (less than 2000 people) and I have been told by the town that they do not know where half the water and sewer lines are in town. They have water leaks all the time from pipes they did not know was there. With some line now at the 100 year old mark they fine unknown lines on a regular bases. Records were just not kept or lost over the years. There is not telling just how big of a problem this is across the US.
Not about YOU!
@@denisemiller9921 Can you read? This comment is 100% relevant to the topic at hand.
@@denisemiller9921you are such a weirdo
your right it is about non labeled pipes.@@denisemiller9921
We had the main blow in front of my house when I was a kid. It blew a 15 foot wide hole and was blowing water 100' in the air and it was landing in the back yard. Had that happened under a house it would be a total loss.
Now THIS is reporting. I hope this man gets everything owed to him.
What news should be. Interesting and helpful for future home buyers.
Yep my family had a feed mill. When it was sold we found out one lot didn't come with the property. It belonged to the railroad. My grandfather paid taxes on it for over fifty years. He never got anything back. The NY state tax collectors didn't care that it was their fault. They just took his money every year and said nothing.
Adverse possession, strictly speaking it sounds like your grandfather had a solid case to take the title from the railroad company. In Massachusetts by using the land (feed mill) and paying taxes on it, he has basically fulfilled all if not most of the requirements to legally take the land. Also if he is dead, technically you still have a claim as the time spent by a predecessor counts towards the 25 year mark. I just hope you kept a record of your tax payments.
@@editedforprivacy207 On the other hand, railroads tend to have all kinds of different laws when it comes to property. You might be right, but I wouldn't be surprised if there's an exception specifically for railroad-owned property.
In California, if you pay property tax on a property for 7 years, it now belongs to you. So if a neighbor suddenly dies with no will, start to pay that property tax, and after 7 years, get it transferred into your name.
@@Kangenpower7 Or, when a long-lost cousin takes possession and starts paying it in Year 6, you are screwed out of 6 years' of money down the drain. Stay out of other people's business.
you grew feed on it for 50 years didn't you?
Scary to see what can happen to a homeowner who had no idea.
It’s unacceptable.
Similar problem to my neighbours tried over my back fence. Applied for Subdivision into 8 x 1 hectare blocks. Pipe runs through these properties. Easement was given in the 1890s. Council contacted retail water authority and told no longer used. I know it is a melbourne water pipeline and contacted council to tell them it is still used and is the main supply to the peninsula where i live. This can happen anywhere.
The foreclosure is immaterial -- the Title company needs to pay him out the upper bound Zillow value of his house and sue the city for damages.
This is dreadful. Earnest prayers for peace and justice for this man. It seems there could be a massive class action lawsuit including everyone along that line. I agree that the insurance should have to pay out, and then they go after the city. Abominable.
I'm not sure why this was not found when the pool was built. Utility companies are supposed to come out and mark utilities before you dig unless this occurred long before 811. The easiest thing to probably do is reroute this 100 year old pipeline to a better location. It's going to cost a ton but I would think the lawsuits from all the homeowners would cost more.
Prayers are for fools. Policy/Action NOT thoughts and prayers.
@@JLJ2730 it really depends on how deep the pipe was buried and how deep the pool is. You'd think they would mark things when construction happens, but sometimes people are lazy or they do things under the table because they think they're immune from f-ups, that some how THEIR corner cutting won't EVER result in someone getting hurt...and if it does they aren't responsible. As for moving the line....it may be cheaper to be sued and be forced to buy out those people's homes. Water lines are not cheap or easy. It isn't just digging a trench and dropping some PVC pipe from lowes in there. Since they're such an absolutely critical part of the local infrastructure, they're made to last up to 100 years. That's expensive materials. The process for planning and laying them is complex as well. You can't just place them anywhere. Soil conditions have to support it, you have to buy the rights to the lands needed for it, you have to do site studies to make sure it's not going to have negative impacts on the local environment, and a whole host of other things have to be done before they even break out the shovels. That's why it took so many years for Flint, MI to get it's own water supply back and it cost so much money. It REALLY COULD be much much cheaper to just buy those houses and flatten them and leave the land empty.
Amen 🙏
@@PinHeadThePopeOfHell Where do you think the actions come from? Grace, mercy and prayer. 🙏🏻
Government fails, but citizens pay.
Florida fails. And Floridians pay.
Failure on the part of local government AND title insurance companies.
Thats terrible, the title company needs to pay him then seek damages from the city.
He's won it, surely. But the foreclosure, on top of everything else... Poor guy. I'm so sorry to also hear about his wife's passing on. It seems too much to bear all at once. Please stay strong, and hold firm. He deserves a decent retirement.
He hasn't won
Don't think he's won, and on top of it couple days ago according to filings online it looks like he was served by his bank over foreclosure
The City needs to do right by all of the effected homeowners.
Affected.
i think everyone here is missing a big point yes the water is under it but the city isnt forcing him out of his home or doing anything about it so right now its just an annoyance that doesn't mean much@@denisemiller9921
@@denisemiller9921infected
Basic due diligence, there is no record in many of the transfers.
The city doesn't even have it.
So the city hardly anything. The title company nothing. The extra insurance nothing.
Somebody should update Zillow. All those properties should be updated.
If that's all is the 25K, then all those taxes paid need to be adjusted.
All of those property taxes need to be adjusted.
The city saying yeah it should be easy for you to find that. when they didn't record it themselves 7 times
Someone screwed up and it wasn't the homeowner.
Disgusting. The people responsible have long since died, but the county that f'ed up to begin with doesn't bear any responsibility. I hope all those homeowners along the easement sue the eff out of the county and/or their insurance companies for THEIR failure.
it's so funny because the people are ultimately suing themselves.
@@bkhustlerThey would be suing another county not theirs.
Unrecorded easment ,therefore the city is trespassing and have taken property w/o compensation . The city needs to move its pipeline and pay all of the homeowners
They won't. No accountability . Point fingers and blame the homeowner ..
there is a 600 gallon/minuet underground water run off cave thru the place i'm on, it's about 190 feet down in one spot 110ft in another. undevelopable land, it slows down in the winter time but the pump jack that tapped it sounds like a water fall from 15 foot back in the spring time even tho it it 190 foot down the noise reverberates up the well casing.
What a disaster for homeowners, the city and title ins. I predict this will take years to resolve just for this one owner.
This guy is a legend. Lived a hard life. I hope things work out.
Legally, why doesn't the title insurance have to pay the homeowner first, then go sue and try to recoup their losses after? The homeowner is due s payment for their loss from the insurance company, regardless to is at fault.
Insurance companies don't make money by paying out claims. The homeowner seems to be going after the city in court.... he really needs to be going after the title insurance company - they have the responsibility to pay. They, in turn, go after the city.
@@absentmindedjwc that's what I thought too, but there must be a reason his lawyer is taking the approach that he is? Maybe he thinks the city would ultimately be a bigger payout? Perhaps title insurance only covers the purchase price, but he's owned it so long he's after current market value (assuming no easement)? So many questions..
What's the claim?
@@AK-rx6hv that the title is not accurate. This is one of the purposes for title insurance.
Follow up; the Lehto's Law channel covered this case and said that the title insurance company made him a lowball offer, and they are blaming the city for not recording the easement right. So it sounds like the insurance company is doing what insurance companies do any trying to wiggle out of their liability by pointing the finger. Sometimes I wonder why we even bother buying insurance for anything..
Okay, so theres a pipe running below his ground. Why exactly does it make the house itself worthless if its unharmed from this and standing?
It’s unsellable. It’s illegal to build over an easement.
Coming from Germany and seeing this I'm more than happy that there is a presumption that the facts stated in a public document are correct (public credence in the deed) here. No hassle with claims, insurances or other unwelcome stuff
Shame on the county, this needs to be a big lawsuit. They are so insulting to offer low ball. Such a pretty property.