Lawyers, Title reps, Realtors,

Please explain to me how this happens.

http://www.urbanliving.com/developments_detail.cfm?development=499
^This house (506 Tabor) is currently under construction. I bought a house in this neighborhood in 2007 and tried to sell in 2011. The buyer's title company discovered 3 city of Houston easements, 2 inactive and 1 active. The mortgage company would not lend the money and the contract fell through. Long story short, I made a claim with my Title company and now have a rental property for the rest of my life.

I tracked the active easement through the neighborhood and for the most part it either runs between homes and under a couple of really old ones. I noticed several months ago that it was under an empty lot that looked like was about to be built upon. I called the owner and reached a receptionist. I warned them about the easement, asking how they plan to sell the house. Never responded. Called again. No response.

Now they are under construction. They clearly know about it. How will they be able to sell the house? I want to know for my own edification so I can sell my own.

Property highlighted, easement in green:


[This message has been edited by chuckd (edited 9/12/2013 3:15p).]

[This message has been edited by chuckd (edited 10/7/2013 12:52p).]

That was an ordeal in itself. The settlement required them to appraise the property with & without the easement. Payout = appraisal w/o - appraisal w/. How do you run comps on a house with an easement? But yah, I'm happy with the settlement.

I did get an encroachment agreement with the city, but the buyer's mortgage company didn't budge. Considering it was mere permission to have the house there, but not an abandonment of the easement.

Is this not illegal? I'm pretty sure the people I bought it from pulled this shenanigans. They had to have known about it and rolled the dice on my Title company. Is this not required in a seller's disclosure?

506 Tabor

[This message has been edited by chuckd (edited 10/7/2013 1:02p).]

"Karen Davis and Gary Richardson"

I think they've since married, but I never got a clear picture of who they were. The house was moved onto the property in 2003 and gutted, remodeled. Sold in 2007.

Being that I live right down the street, I've been very curious about this myself.

Regarding the legal side (and having handled a few real estate cases), you are only required to disclose what you have actual knowledge of. Proving that the sellers actually knew about your house/easement would be difficult. Also...your typical seller/individual doesn't usually have liquid assets available to satisfy a judgment....so it's usually not worth it for a buyer (or title company) to go after them.

It sucks this happened to you. From talking to people on the street, the easement is pretty common knowledge. I believe it extends back to those vacant lots in Gardner and Northwood....and that's why noting has been built there.

[This message has been edited by MAS444 (edited 9/11/2013 6:11p).]

Correct. It pretty much goes from 45 to Browning Elementary through the neighborhood. It's frustrating because it runs along streets for the rest of the area as it should.



I want to make sure this doesn't happen to the prospective buyer and save them the headache I've been dealing with. Should I send a certified letter to the seller of 506 Tabor to make them aware?

[This message has been edited by chuckd (edited 10/7/2013 1:03p).]

I'm pretty sure the developer knows about this.

Why am I not surprised that urban living is involved?

They could reroute the storm sewer along the PL and tie back in within the alley. They would need Public Works approval first though.

Oh, I've been in communication with Public Works too. Big fat no. It's a 10 foot (yes foot) storm water pipe. Easement is 20 feet wide. Rerouting would be a multi-million dollar project. They'll get around to it never.

Also went through JRC to abandon the easement. They of course said no, but didn't hurt to try.

Welp, you could build a manhole on top of it and pitch it as an emergency bomb shelter. Just make sure they know its not a hurricane shelter.

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Welp, you could build a manhole on top of it and pitch it as an emergency bomb shelter. Just make sure they know its not a hurricane shelter.

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I would think you could get your property taxes lowered pretty substantially. The only way you could sell it would be to a cash buyer at a low price.

Eventually the city will likely need to replace the line and I would think that they would reroute the line instead of tearing down your house.

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Eventually the city will likely need to replace the line and I would think that they would reroute the line instead of tearing down your house.

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HA! They city would probably force you to tear down the house.

I want to add they are about not spending money if they don't have to. And they are greedy for permits. I built a new garage with an apartment on top. They required me to pay an "impact fee" of $2,000. Mind you the old garage had plumbing and drainage but the city wanted me to reserve water and disposal capacity for the new unit.

[This message has been edited by Prince Akeem (edited 9/13/2013 8:56a).]

You need a variance in order to convey property. Not that difficult to get with a good title attorney.

"When the government fears the people, you have liberty; when the people fear the government, you have tyranny." Thomas Jefferson
"The only thing necessary for the triumph of evil is for good men to do nothing."
Edmund Burke

I have a variance. The problem is the verbiage still says they can tear down my house if needed. Something a lender frowns upon.

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I would think you could get your property taxes lowered pretty substantially.

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Just protested this morning. Comps in the area: $300k+. My value: $122k.

on the market
http://search.har.com/engine/506-Tabor-Houston-77009_HAR4886544.htm

Looks like a barn

That looks like rendered artwork... and awful.

Looks as awful as all of their previous work.

Urban Living isn't a builder. People really seem to have trouble with that concept.

I know that. I am talking about the builder. The same one that built the 3 - 4 homes adjacent.

I'm 98% sure the first photo on the HAR ad is a rendering.

Now I'm 100% sure. Look at the clouds in the "reflections" in the windows. Seems pretty sketchy to me.

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I know that. I am talking about the builder. The same one that built the 3 - 4 homes adjacent.

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Gotcha...I don't think their listing on 512 Tabor and the ones on 24th/27th are that bad (at least from the pictures). Similar to what a lot of builders interpret as "Heightsy Victorian". The barn is ugly as sin though and 510 Tabor is a poor attempt to rip off Tricon.

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You could email swamplot if you really wanted to get the info out there.

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Este.

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Looks like a barn

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I think they took your advice.

[This message has been edited by chuckd (edited 10/10/2013 4:59p).]

ha...that's funny

Ha they updated the house rendering. Now it is green! Which one of you guys works there and has been lurking??

They should just put the garage door across the whole front of the house