What is the name of your state?What is the name of your state? Texas
We bought our home 2/12 years ago. This was a spec home already completed, fence and all. The lot next door was empty. Recently, another builder began building on the empty lot. The house was completed and then we got a note on our door stating that our fence was encroaching approximately 10 feet into their property. We immediately contacted our builder and were told not to worry because they had two survey's completed on the land and were sure the other builder's survey was wrong. Well, it was not wrong and we are in fact encroaching on the property and our fence is being moved. Our original survey was correct, the builder put the fence in the wrong place. We are loosing over 300 sq. ft of what we thought was our backyard. We are very upset for several reasons. The lot was misrepresented to us. We would never have selected this house on a smaller lot. We relied on our builder to put the fence in the correct place. We thought we were buying one thing and now find out its not what we were presented with. We understand that the property is not ours and the fence must be moved, however, now we are stuck on a small lot with a big house. We are concerned about resale value. Our builder has apologized and admitted that they were in the wrong, however, an apology doesn't make us feel any better. We want to ask for other compensation, possibly punitive damages for the builders mistake. Any thoughts?
We bought our home 2/12 years ago. This was a spec home already completed, fence and all. The lot next door was empty. Recently, another builder began building on the empty lot. The house was completed and then we got a note on our door stating that our fence was encroaching approximately 10 feet into their property. We immediately contacted our builder and were told not to worry because they had two survey's completed on the land and were sure the other builder's survey was wrong. Well, it was not wrong and we are in fact encroaching on the property and our fence is being moved. Our original survey was correct, the builder put the fence in the wrong place. We are loosing over 300 sq. ft of what we thought was our backyard. We are very upset for several reasons. The lot was misrepresented to us. We would never have selected this house on a smaller lot. We relied on our builder to put the fence in the correct place. We thought we were buying one thing and now find out its not what we were presented with. We understand that the property is not ours and the fence must be moved, however, now we are stuck on a small lot with a big house. We are concerned about resale value. Our builder has apologized and admitted that they were in the wrong, however, an apology doesn't make us feel any better. We want to ask for other compensation, possibly punitive damages for the builders mistake. Any thoughts?