North Port, FL asked in Real Estate Law and Construction Law for Florida

Q: The well for my newly constructed home was drilled 6" onto my neighbor's lot. Builder will not correct the issue.

Placement of well according to septic engineering should be much closer to my home and out of the easement.

2 Lawyer Answers

A: Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The well may be a real issue if it is in a drainage easement. Any complaints to code enforcement or the water management district would result in violations and possibly fines against you, so contact someone immediately.

Pamela Marie Mori Holcombe agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: If the lots are in a platted subdivision, the liability could well be on the part if the surveyor. who laid out, marked, and platted the property, as well as the developer.

Pamela Marie Mori Holcombe agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.