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
Answered
  • 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

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