Discovery 2014
A dream beach house in Florida has turned into a nightmare for a Missouri couple.
Six months after the custom house was built along the Atlantic Ocean near Palm Coast, Mark and Brenda Voss learned it's on the wrong lot in the gated Ocean Hammock community.
Mark Voss tells the Daytona Beach News Journal they're in "total disbelief." The couple own 18 other residential lots in the community. They bought the lot in 2012 and hired Keystone Homes to build a three-story, 5,000-square-foot vacation rental for $680,000.
"We may have moved (to Ocean Hammock) someday. But, with this headache and grief, we're not so sure. The Midwest is looking pretty good right now," he told the paper.
Keystone vice president Robbie Richmond says the company is trying to negotiate a settlement.
"The buck stops with the builder. We know that. We are in the process of trying to schedule a conference call and find a fair resolution without the lawyers," Richmond told the paper.
The couple hired a lawyer.
Keystone and Voss say the error can be traced to a 2013 survey. The mistake was uncovered in September after the house had been rented frequently.
The house comes with five bedrooms, a game room and a screened-in pool, the report said.
The Associated Press contributed to this report
Solution 2016
By Tony Holttony.holt@news-jrnl.com
THE HAMMOCK ÛÓ Mark Voss said it wasn't a "big deal," but after wading through piles of red tape, he was relieved that he and another property owner have worked out an agreement over an ocean-front vacation house that was constructed on the wrong lot.
Keystone Homes of Palm Coast built the house at 21 Ocean Ridge Blvd. N. when it was supposed to have been built on 23 Ocean Ridge Blvd. North. The former originally was a vacant lot owned by Andrew Massaro, of North Carolina, and the latter was owned by Voss, who lives in Missouri.
After it was discovered that Voss' home was constructed last year on Massaro's lot ÛÓ and after the gaffe made national headlines ÛÓ the two sides worked to come up with an agreement. In the end, Voss and Massaro switched deeds and Voss had to fork over an additional $20,000, according to records. The money was to cover the difference in value.
"It's been coming for a long time," Voss said of the agreement. He downplayed the drama Wednesday during a phone interview with The News-Journal.
"It's amazing how complicated some of the aspects are ... but it's over with," Voss said. "It's done."
Voss declined to get into many of the details, but he said issues with the bank delayed the settlement. Without flood insurance, Voss said, the deeds could not be switched. Without the deeds, he couldn't obtain flood insurance. Eventually, someone acquiesced and the deal was done.
The Vosses own 18 other residential lots in the area of the The Hammock. Their 5,000-square-foot home at 21 Ocean Ridge has five bedrooms and 5.5 bathrooms. It includes a home theater, game room and screened-in pool. It is a vacation home that is managed by Vacation Rental Pros in St. Augustine.
The assessed value of the property at 21 Ocean Ridge, which is still in Massaro's name because the records on the Flagler County Property Appraiser's website haven't been updated, is more than $955,000.
The house was built in March 2014 but it wasn't discovered until six months later when a survey crew working down the street uncovered the error.
A woman who answered the phone at Keystone Homes said the company had no comment on the matter. Massaro could not be contacted for this story.
"These things definitely happen," said Flagler County Property Appraiser Jay Gardner, who learned about the latest development through the media. "This isn't the first time. It's just the first time (the media) were interested in it."
He cited two similar incidents during the past few years ÛÓ one in Flagler Beach and another in Palm Coast ÛÓ that were much more difficult to resolve. One involved a foreclosure, which made the situation "all muddied up," he said.
"I'm glad they worked it out," Gardner said of Voss and Massaro. "It wasn't a pleasant experience for anyone."
I know of the surveyor who was at fault but won't identify him because I feel he has been sufficiently exposed to embarassment long enough. It all boils down to when doing lot and block surveys to check both ends of the block to make sure you are staking the right lot. In less than an hour or less this mistake could have been prevented. He is very fortunate that the lot owners came to an agreement. 20K vs. 1m
I've lost count of the number of times that clients have been upset with me for going a block or two beyond the site to pick up confirming monuments. From my perspective it is the only way to know I'm right, but to them I'm just wasting time and money. Just had this same conversation yesterday with an engineer.
FL/GA PLS., post: 385816, member: 379 wrote:
I know of the surveyor who was at fault but won't identify him because I feel he has been sufficiently exposed to embarassment long enough.
FL/GA PSM,
Which one did you know? The one who originally staked the lot, the one who did the foundation location or the one who did the final? All of which appeared to have missed the problem that a simple tie to the block corner (which is required in this state) would have uncovered. I just shake my head at some of the practices of my colleagues. It gives us all a bad name.
Those of us living on hilltops tend to look at stories involving high-dollar houses being built in flood zones with amusement and amazement. How much money do you have to have before you become so stupid you really don't care what happens to your house and the property within and around it?
[USER=6939]@Bow Tie Surveyor[/USER]
I knew of the firm that did the original survey from start to finish. They obviously used the same setup for the stakeout, foundation and final survey(s). I am in production housing surveying (and considering where you are, you should be to. There is plenty of $ in it) and we set up at different control points for the stake out of lot and house, foundation and final to ensure something like the above doesn't happen, or at least catch it before the slab is poured. I don't know how the surveyor involved staked the house but he sure didn't turn to a control point for a check-in. 😎
Holy Cow, post: 385847, member: 50 wrote: Those of us living on hilltops tend to look at stories involving high-dollar houses being built in flood zones with amusement and amazement. How much money do you have to have before you become so stupid you really don't care what happens to your house and the property within and around it?
You mean like this?
"It's an happy early birthday for Kylie Jenner!
The E! reality star took to Snapchat on Saturday to share an extra special surprise she received from boyfriend Tygain honor of her 19th birthday on August 10. Speculation was high as to how the "Rack City" rapper could even compete with last year's lavish gift, a white Ferrari presented to Jenner at her celebratory bash, but the verdict is officially in: Kylie is obsessed.
Albeit a much quieter reveal, the makeup mogul was absolutely floored to see a brand new sports car with a giant red bow parked outside her house. Tyga can be heard singing "Happy Birthday" to his lady love, who offers a dramatic gasp before saying, "Stop! T!," using his nickname.
From the looks of it, Tyga gifted Kylie with a Mercedes-Maybach, which is reportedly worth upwards of $190,000.
Tyga turned heads when he gave girlfriend Kylie Jenner a $320,000 Ferrari for her birthday a few weeks back. Hopefully he paid cash for it, because if the state of California and a disgruntled landlord have their way, Tyga might have to let that Ferrari get repoed.
Court documents now show that the state of California is going after Tyga for back taxes. According to the filings, Tyga owes more than $19,000 in unpaid taxes for 2009, 2010 and 2011. He is now subject to a tax lien to collect the unpaid amount.
But that is merely the latest of Tyga's money problems. The entertainer is also locked in a fight with a landlord who Tyga owes him $70,000 in unpaid rent. Tyga says he paid $200,000 down on an $8 million house he had been renting."
FL/GA PLS., post: 385850, member: 379 wrote: [USER=6939]@Bow Tie Surveyor[/USER]
I knew of the firm that did the original survey from start to finish. They obviously used the same setup for the stakeout, foundation and final survey(s). I am in production housing surveying (and considering where you are, you should be to. There is plenty of $ in it) and we set up at different control points for the stake out of lot and house, foundation and final to ensure something like the above doesn't happen, or at least catch it before the slab is poured. I don't know how the surveyor involved staked the house but he sure didn't turn to a control point for a check-in. 😎
This Daytona Beach News Journal article mentions a second company doing the final, so there was at least another surveyor involved.
Which probably would not have happened if they started every new job with GPS on SPC. 😉
[USER=6939]@Bow Tie Surveyor[/USER]
"Keystone Homes hired a second company, Cullum Land Surveying in Port Orange, for the final inspection, Richmond said.
Officials at Cullum Land Surveying did not return calls for comment last week."
Wow, I didn't know they hired another surveyor for the final. I haven't looked at Dept. Of Agriculture (go figure) site to see if any disciplinary proceedings have been initiated.
Holy Cow, post: 385847, member: 50 wrote: Those of us living on hilltops tend to look at stories involving high-dollar houses being built in flood zones with amusement and amazement. How much money do you have to have before you become so stupid you really don't care what happens to your house and the property within and around it?
I don't see how your post is germane.
This is a case where a real estate speculator-developer from the Mid-West bought 19 lots near the Atlantic Ocean south of St.Augustine which is the oldest settlement in the USA since the 16th century.
The builder that was hired messed up
Along with the surveyors .
Flood insurance is needed because of storm surge if a major storm hits the area. It's no big deal to design/construct a structure to meet the standards. Engineers, architects,surveyors,and builders do it everyday. Ocean or water front property is the most desirable and attractive property that is in demand. Florida has some beautiful beaches with related amenities but unfortunately some were over developed with condos in the past.
This vacation home rental biz is very popular all along the Gulf and Atlantic coast fro Alabama to North Carolina.
Some people are amused and amazed about how some people settle for mediocrity and point fingers at others for enjoying their life.
I know of least one case of this happening in my area. There have probably been more, though.
I was once told I staked a house on the wrong lot. The client/owner/builder had laid the house out with 2' long 2"x2" stakes and had the whole thing beautifully stringlined. Took us half an hour to remove it all so we could set corner & offset stakes. Several weeks later the masons were finishing up the stemwall when a guy drove by and asked them what they thought they were doing on his lot Turned out the builder had laid out the house on the wrong lot. They wound up trading lots and the contractor finished the house for the guy and made a profit! Still can't believe it, but I always double check now - although, come to think of it, I haven't laid out a house in many years...
$680k build price for that house looks cheap for my neck of the woods. It would probably cost double that here.
Seb, post: 385922, member: 7509 wrote: $680k build price for that house looks cheap for my neck of the woods. It would probably cost double that here.
Do you have a steady supply of craftsmen from Mexico and Central America without the sort of immigration documentation that a fastidious construction contractor should require for employment?
Seb, post: 385922, member: 7509 wrote: $680k build price for that house looks cheap for my neck of the woods. It would probably cost double that here.
$136/sq ft is not bad for construction. Especially for FL that is coming out of a severe construction slump.
These vacation home rentals usually don't use the custom materials that you would find in a private home.
I would be curious to see what the lot sold for
I ran across a situation where a guy owned a small lot in an undeveloped subdivision. His deed was a simple Lot X of sub Y.
The subdivision map showed two lots labeled as "X" on two different sheets. The owner didn't know which lot he owned...and I could see a situation where he could have made an assumption and occupied the wrong lot for years without anybody knowing. It was apparent from looking at the mapping where the error occurred, but a lazy survey might have only looked at one map and not have caught on.
So how was it obvious?
Was the second X supposed to be a Y but written poorly?
Perhaps Lot "X" consisted of two non-contiguous parcels.
Licensed Land Surveyor
Finger Lakes Region, Upstate New York
