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My house encroaches the building line. The MUD District, which enforces the deed restrictions will not approve it. What next?

Spring, TX |

I spoke to the escrow officer at the title company about issuing the T-19.1 endorsement to a potential buyer so I can sell my house. I was told that this would not fix the problem, that I would need a signed letter of approval from the MUD board. Well, the MUD board will not approve it, so now what do I do?

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Attorney answers 1

Posted

There should be a legal process for seeking a special exception from the setback requirement; especially if the violation was innocent. Normally the permitting agency requires a site plan prior to construction and if it showed the encroachment but was approved by the permitting agency, you may have recourse there as well.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. The attorney answering this question is licensed only in Florida.

Asker

Posted

My original survey shows the house is on the property line. No one knew about the encroachment until my buyer had a new survey done. I think all the title company wants from the board is a written statement that they are aware of the encroachment but they are not going to take any action, like require the house be torn down. I just need to explain it to their attorney, if they will let me talk to him and make him understand. I think if I can do that, he will okay the board signing a statement. I had another survey done myself just to be sure and this surveyor told me that the lot plats in my area are way off. I don't know if that would cause my original surveyor to be off or not. I had my original surveyor and the buyer's surveyor come back out and re-check. My original surveyor is retired now and no longer has equipment. He didn't really have much to say one way or the other.

Asker

Posted

I spoke to the operations manager at the title company and she told me that a letter of approval from the MUD District Board is not necessary because the house is over four years old and no one has had a concern. It looks like I never needed approval from the board since the statute of limitations on this issue is four years. It seems I have lost a good cash buyer, over $400 for a new survey, time and stress for nothing, not to mention the buyer losing money for a survey and an inspection and having to pay for these items again on another house. Needless to say, I am NOT happy!

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