Legal Question in Real Estate Law in Texas

Home Builder Lot line mistake

I bought a new home & was shown visually where my lot line would be and shown the lot stakes. As part of the deal I paid the home builder to put in the fence, sprinkler, and sod. They did so and laid it all exactly on the same line they showed me as my property boundary. In addition, my lot plat showed that the fence would be directly on my property line. My neighbor and I recently discovered by measuring the plats that they were wrong and that the fence is in spots up to 7 feet off (all to my detriment). My builder offered to move the fence, sprinkler, and trees I've planted but I've also told them that they are radically changing my lot and taking several hundred square feet of yard from me and thus that they need to also compensate me for the lost area & home value. They finally agreed but proposed a ridiculously low amount. I want to just work this out between them and myself without getting into the legal system but they are not working with me at all. Do I have a valid case and probability of winning based on the fact that they sold me land they didn't have the right to sell, fraud, etc?


Asked on 8/25/05, 2:32 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Home Builder Lot line mistake

Much depends on what the deed and survey say. If those documents reflect what you thought you bought, you have a better case than if the documents are accurate and you and the bulider just made a mistake.

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Answered on 8/25/05, 2:54 pm


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