Urban planning community

+ Reply to thread
Results 1 to 6 of 6

Thread: Unlawful subdivision approval?

  1. #1
    Member
    Registered
    Sep 2012
    Location
    Nixa, Missouri
    Posts
    1

    Unlawful subdivision approval?

    I purchased property and later found out it floods because the home was built on a filled in sinkhole. The P&Z approved it as a lot split contingent on the city engineer desiging a retention area behind the home. There was no plat prepared. P&Z approved the combining of two parcial parcels previously split and then resplit into three more lots. I later found out that there were only 4 voting members out of a commission of 10 that were actually at this meeting and voted yes, so it was not a legal vote. Building permits were issued without a lawfully approved plat or lot split. I think this constitutes a dangerous concealed defect. Does anyone know that statute of limitation for Missouri regarding this matter. Who would be responsible for the situation. The city issued the permit to the builder. So who is responsible the builder, P&Z, city engineer? The city engineer sent a letter to the city admin, so the city had knowledge and took no action to stop an unlawful build. The city engineer knew a sinkhole had been filled and built on a stated so in his letter. The home was built in 1988 and I bought it in 2008. I had to hire engineers to find out why it flooded and they determined that it is because it is a sinkhole and was never platted. By allowing it to be processed as a lot split it allowed the builder to proceed without a plat which whould have to have denoted the sinkhole and any drainage areas. Yes, I know I am now responsible but this is just not right.

  2. #2
    Cyburbian ColoGI's avatar
    Registered
    Jul 2009
    Location
    Colo Front Range
    Posts
    2,368
    Quote Originally posted by cawley View post
    I purchased property and later found out it floods because the home was built on a filled in sinkhole. The P&Z approved it as a lot split contingent on the city engineer desiging a retention area behind the home. There was no plat prepared. P&Z approved the combining of two parcial parcels previously split and then resplit into three more lots. I later found out that there were only 4 voting members out of a commission of 10 that were actually at this meeting and voted yes, so it was not a legal vote. Building permits were issued without a lawfully approved plat or lot split. I think this constitutes a dangerous concealed defect. Does anyone know that statute of limitation for Missouri regarding this matter. Who would be responsible for the situation. The city issued the permit to the builder. So who is responsible the builder, P&Z, city engineer? The city engineer sent a letter to the city admin, so the city had knowledge and took no action to stop an unlawful build. The city engineer knew a sinkhole had been filled and built on a stated so in his letter. The home was built in 1988 and I bought it in 2008. I had to hire engineers to find out why it flooded and they determined that it is because it is a sinkhole and was never platted. By allowing to be processed as a lot split it allowed the builder to proceed without a plat which whould have to have denoted the sinkhole and any drainage areas. Yes, I know I am now responsible but this is just not right.
    The standard reply here with something like this is "lawyer up" or other regionally appropriate phrase. Good luck.
    -------
    Give a man a gun, and he can rob a bank. Give a man a bank, and he can rob the world.

  3. #3
    Cyburbian Tide's avatar
    Registered
    Oct 2005
    Location
    The Gig City
    Posts
    2,644
    That's why it's great to have a title search. That's why it's good to have a lawyer during closing. That's why you buy title insurance. I hope you did a few of these things and "consult your lawyer".
    @GigCityPlanner

  4. #4
    Cyburbian Kingmak's avatar
    Registered
    Jul 2009
    Location
    Texas
    Posts
    154
    Civil matter. You hire a lawyer to prove the city was at fault. City hires/uses lawyer to prove you made an ill-considered purchase. I highly doubt the city will buy your house back from you over this, you could maybe get a free plat filing out of it though...

    Good luck, and I honestly mean that :/

  5. #5
    Quote Originally posted by ColoGI View post
    The standard reply here with something like this is "lawyer up" or other regionally appropriate phrase. Good luck.
    Quote Originally posted by Tide View post
    That's why it's great to have a title search. That's why it's good to have a lawyer during closing. That's why you buy title insurance. I hope you did a few of these things and "consult your lawyer".
    cawley, you may also want to look at the seller that sold you the home in 2008. The real estate rules vary from state to start, but there are usually disclosures a seller must make. "Consult your lawyer."
    The content contrarian

  6. #6
    Cyburbian Cardinal's avatar
    Registered
    Aug 2001
    Location
    The Cheese State
    Posts
    9,919
    Quote Originally posted by OfficialPlanner View post
    cawley, you may also want to look at the seller that sold you the home in 2008. The real estate rules vary from state to start, but there are usually disclosures a seller must make. "Consult your lawyer."
    Thos was exactly my thought. There is little chance of getting anything from the city after 25 years, even if they proceeded incorrectly in allowing the home to be built. As Kingmak said, you may get them to assist in obtaining a legal plat.
    Anyone want to adopt a dog?

+ Reply to thread

More at Cyburbia

  1. Replies: 3
    Last post: 15 Dec 2010, 4:34 PM
  2. Forced approval
    Career Development and Advice
    Replies: 13
    Last post: 14 May 2010, 6:05 PM
  3. Replies: 8
    Last post: 27 Apr 2007, 6:43 PM
  4. Replies: 9
    Last post: 05 Jun 2006, 9:56 AM
  5. Neighbor approval
    Land Use and Zoning
    Replies: 3
    Last post: 04 May 2001, 9:59 AM