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View Full Version : Now, this will screw up your day!!!.....



Big Muddy
06-19-2014, 09:01 AM
"""In case you think you're having a bad day, just listen to this:

CBS says, "A developer in Rhode Island is dealing with a very expensive mistake this morning. His company will need to move a new waterfront mansion or tear it down."

HLN says, "The developer apparently didn't know the land was part of a public park. They built the home on a public park."

According to Boston.com's Shannon McMahon, developer Four Twenty Corporation began construction on the home in 2009 in Point Judith, Rhode Island, but was unaware that a surveyor error had put the foundation on land from a public park, owned by the Rose Nulman Park Foundation.

WJAR reports after the house was finished in 2011, problems began to arise.

​"A prospective buyer's independent survey showed the house was on the Nulman property. S. Paul Ryan works as legal counsel for Save the Bay. He says he's worked plenty of cases where errors mean houses are built over property lines." via WJAR.

​But with this home valued at more than $1.8 million dollars, Providence Journal reports it will be an expensive mistake to move.

Robert C. Lamoureux, the developer for Four Twenty Corporation, apparently spent "about $619,000 on construction and that the house was set on 4½ acres of the park. He put the cost of moving it at $300,000 to $400,000."

But while the Rhode Island Supreme Court ruled Friday that the home must be moved off park property, the Providence Journal also notes that environmental advocacy group Save the Bay is trying to block moving the home, on the grounds that it will damage sensitive ecosystems in the Narragansett Bay."""



3140

Thumper
06-19-2014, 09:49 AM
WTF???? I've heard of surveyor mistakes missing the property line by inches ... or even feet ... which is still inexcusable, but this statement baffles me! Am I misinterpreting this?


...the house was set on 4½ acres of the park.

It sounds like he missed the whole lot!

Big Muddy
06-19-2014, 10:15 AM
Yep, seems like SOMEBODY shoulda caught this error, a long time before construction even began.

Sunny might oughta re-check the survey on that property she and her hubby are trying to purchase next to that public park. ;)

Niner
06-19-2014, 10:36 AM
Construction STARTED in 2009, and they are just NOW finding out they built on park property???

I'll bet their email records are all missing too. :biggrin

Thumper
06-19-2014, 10:39 AM
You'd think the families playing ball and having picnics on their front lawn would have been a clue. :D

Arty
06-19-2014, 08:49 PM
I smell an inside boondoggle. If the park doesn't want it moved, it won't be. And they will make it right.

Thumper
06-19-2014, 11:40 PM
Well, obviously the property wasn't used as a park ... at least not a popular and heavily visited park if it wasn't discovered for 5 years. If it was some obscure piece of property that wasn't really being used as a park ... somebody could be trying to pull a fast one. Doubtful due to the expense and massive gamble involved, but many states have laws that allow a person who uses another's land for a long enough time period to actually gain a legal right to continue to use the land, and in some cases, even gain ownership of that land. I was told that when my neighbor bought the house next door and wanted to put up a fence but there was a very large oak right on our respective property lines. He wanted to build the fence a little off the line so the tree would be on one side of the fence. The surveyor said whomever ended up with the sliver of "extra property" could gain ownership after a certain time of maintaining (mowing, watering, etc) that piece of property through adverse possession. Possibly the owner was sure nobody would discover the "mistake" for many years and he could gain ownership. Who knows? Still seems like a silly and risky gamble though.

Definition of Adverse Possession

You may be surprised to learn, that under certain circumstances, a trespasser can come onto your land, occupy it, and gain legal ownership of it. The legal term for this is "adverse possession." Through adverse possession, a trespasser can gain ownership of just a few feet of property or hundreds of acres. And the trespasser doesn’t need to intend to take the land by adverse possession. Sometimes it happens through an honest mistake—for example, a neighbor may have relied upon a faulty property description in a deed when building a fence on your property.