October 11, 2007

A Good Time to Call a Land Surveyor

KLSA News is reporting that Habitat or Humanity has apparently built a house on the wrong lot in Shreveport, LA.  According to the City Attorney, lots 40 and 41 were sold to Habitat for Humanity and someone else owned Lot 42.  However, according to claims by the owner of Lot 42, Habitat for Humanity built on two properties instead of two lots, which caused the mix-up.  The complete story can be found on the KLSA website

I don't quite follow the logic, but I suspect she is indicating that perhaps Lots 40 and 41 were under common, leading Habitat for Humanity to believe that the combined lots were all in Lot 40,  then assuming that the adjacent lot was Lot 41.

The problem is further complicated by Alberta White-Mitchell, described as a Shreveport grandmother, admitting that she drove by the lot she says she owns only to see a house being built on it. She claims that since she did not know who was building the house, she wrote all over it asking the builders to get in touch with her and to move it off of her lot.  

Shreveport house.jpg

But what about White-Mitchell's earlier knowledge of construction work being done on her property?  Did she do enough to serve notice to the builder?  Is writing on the house enough?  Some of the things I believe she could and should have done include:

  1. Visit or call a Land Surveyor to verify the house location
  2. Call the City Building Department and express concern of house location
  3. Call her attorney to serve notice to the builder.

It is not clear in the article when and at what point in construction, the landowner first noticed activity on her lot.  But by not actively pursuing a solution, she may have lost some of her rights for correction.

Your views and comments are welcome.

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