New Construction: Pay Attention To Vacant Lots

Added April 10, 2008 by Ilyce R. Glink

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Summary: When you're building a home next to a vacant lot you need to be aware of plans for the property next door. What can you do if the builder of new construction in your neighborhood follows different plans? It helps to talk with a real estate attorney to understand your recourse when you build a home and then plans for the vacant lot next door change.

Q: My husband and I recently built a new home in a planned community. We questioned how the house next to ours would be set prior to signing a purchase agreement. We received a plot plan with the proposed house outlined on the lot and even signed it.

That lot has recently sold and now the builder is trying to set the house in a completely different direction. Had we known that we would not have purchased this particular lot. We're just curious as to how far we can take this.

A: It's unfortunate that the builder and you have a misunderstanding of what could occur with the lot next door. It sure would have been nice to know this ahead of time.

Did you and the developer sign a document that would require the home on the lot next door be placed in a certain manner? Was the "plot plan" document you signed merely a document to indicate the location of your lot or did it provide assurances about the way any future homes would be built on adjoining lots?

You should speak to a real estate attorney who can look over your contract and advise you as to your legal rights. If a real estate attorney originally represented you in this transaction, please call him or her to pick up the negotiations.

This might be a case where a simple call from your real estate attorney to the builder, along with a copy of the signed plot plan might be enough to jog the builder's memory and encourage him or her to do the right thing.

April 10, 2008.

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