Someone from up north explain to me how this could happen... 1

[beej67]

Link

By MICHELLE R. SMITH
The Associated Press
PROVIDENCE, R.I. — A developer who mistakenly built a $1.8 million waterfront house on parkland has been ordered to remove it.
The Rhode Island Supreme Court found that the unoccupied home in Narragansett was built entirely on land owned by the Rose Nulman Park Foundation, and therefore must be removed.

I just don't even know where to begin with this, other than a simple blanket: How the (*)?

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[bridgebuster]

So much for establishing Right-of-Way lines at the start of the job.

 

[beej67]

Aha.

More details.

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[bimr]

There are several possible explanations:

1. Read between the lines. The name of the developer is four-twenty and most likely using.

"Developer Robert Lamoureux purchased the property in 1984 and subdivided it into two parcels, conveying the property to a company he wholly owns, Four Twenty Corp., in 2009."

http://www.independentri.com/indepe...cle_cb351ac6-3436-52a6-ab39-bf8d28d2e440.html

2. Cliven Bundy follower who thinks that since nobody was using the land, the land is available for anyone that wants to use it for free?

http://narragansett.patch.com/groups/sports/p/the-end-of-the-road-for-rose-nulman-park

3. Surveyors mistake. The house was built the next year using plans put together with a survey from Carrigan Engineering Inc. of Narragansett, who Lamoureux paid $30,000 for work that was later found to be wrong.

http://www.pbn.com/Oceanfront-property-becomes-developerrsquos-nightmare,93322?print=1

 

[beej67]

I don't understand why the developer went to court over this with the land owner. Why wouldn't he go after the bad survey and/or wrong engineering? Seems like a classic case of E&O to me. What am I missing?

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[Twinkie]

When I first saw this headline the other day, I thought someone messed up a boundary, and the house was a foot or so off somewhere. Missed the entire lot, huh?

 

[cvg]

well, I am sure he will sue the surveyor and engineer, regardless of what happens. it is not guaranteed he will be able to recoup all his losses from the lawsuit, not to mention the time and expense to do so.

but in the near term he does not want to lose his $600k investment plus the additional $300 - $400k to remove / relocate the house somewhere else. so if he can convince them to leave the building and accept a land swap he keeps everything and they gain beachfront property. at the very least, he might convince them to leave the building standing and donate it. again, he saves the cost of demolition and restoration which will be difficult if not impossible to do.

 

[beej67]

Pursuing the land swap I get. Taking them all the way to the state supreme court when they deny the land swap, and saddling both sides with the associated legal fees, which are basically irrecoverable, I don't get.

Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[ACtrafficengr]

cvg, that happened near here. The state employees' credit union (who really should have known better) built a fancy headquarters on state-owned land, only to find that the land was part of a preserve and home to an endangered species. The Preserve Commission got a really nice office and educational center out of the deal, and the credit union had to build a new fancy headquarters somewhere else.

 

[chicopee]

Don't forget people, Rhode Island is the habitat of notorious members of the public, so you wonder how many people were on the take or intimidated.

 

[boo1]

ERA Engineering subdivided lot 161 into two parcels 161 and 161-1 in 1987. Carrigan Engineering did a site plan in 2010. Builder 420, placed house, drive way and septic on edge of lot 162, completely missing his lot 161. Wet lands set back on his lots prevents a fast house move.

This is why you hire a surveyor to find the property lines and stake the house foundation at the proper setbacks. I call it cheap insurance.