Legal Question in Real Estate Law in Indiana
New construction: Change in plot plan
Do we need an attorney and is this legal? In Nov. we signed a purchase agreement to build a house and picked the lot we wanted. On 12/14 we had a plan review meeting where we received our plot plan with exact lot dimensions and location of the house on the lot. We found out on 3/24 that on 1/18 the developer had reassessed and change the common area next to our home (we found this out by accident not by notification, making our lot 3,193 sg ft smaller. The builder says that the developer has the right to do this. We received no notice at the time it happend or ever and the building of our house did not begin until the middle of febuary. They also changed our neighbors lot decreasing their lot by approx. 2800 sq ft. Our contract says nothing about their right to change our property. What can we do?
2 Answers from Attorneys
Re: New construction: Change in plot plan
Depending upon your location, if you have purchased in a subdivision, not only the terms of the contract with the builder but also the covenants and declarations of the subdivision control your situation.
In having most subdivisions approved by local planning agencies, the subdivision plat is recorded and that is the document to be referred to to determine what your lot is. If the property were sold and then the subdivision replatted or the plat amended, it could not affect your property lines unless the covenants allow for the developer to adjust lot sizes to meet the local rules and requirements of the planning commission as to required amounts of common area.
You should insist upon a copy of the covenants and declarations from the builder or go to your county recorder to obtain a copy. Whether you decide to consult an attorney in this situation or get it worked out with the builder (such as a price reduction in the total cost or some free extras) for the change in the common area affecting your lot, you will need the covenants and declarations, as these are the government controlling your subdivision for all time.
Re: New construction: Change in plot plan
Wtihout it is hatd to comment. Assuming you singed off contract, now have an equitble in the house. Any variations made after ha to be agreed to in writing. They do a lot wheeler dearlin' in Indiana. You can fax what you have and I can rreview what that says. I charge $175 per. You're looking at about two
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