This is one for The Hardy Boys: The Case of the Stolen Dirt.<\/p>\n
As a buyer what rights do I have in the following scenario? I purchased a tract of land in 08\/06. Closed on the deal 10\/06. Visited the tract in 12\/06 to find extensive excavation was performed for road building material without my approval. When questioned, the Broker\/owner informed me that he forgot to mention that the developer (real estate agent that works for the Broker\/owner) had a verbal agreement with the individual that sold the agent the 1\/2 section for subdivision that if any material was needed to complete a road project further up the road and on a separate subdivision that it would come from the existing parcels. The agent owned and was attempting to sell two remaining parcels that she could have taken material from. She however gave approval to excavate mine. As a buyer I was never informed of any verbal agreement regarding this and there were no disclosures to this agreement. What rights do I have short of taking this disingenuous realtor to court?<\/p><\/blockquote>\n
The bad news is, your recourse is probably a lawsuit. The good news is, at least in Arizona, you will almost certainly win.<\/p>\n
In Arizona, there is no such thing as a verbal easement. If a previous owner had given a developer verbal permission to remove dirt from your parcel, that verbal permission lapsed when you closed escrow on the land. The person removing the dirt since you took ownership is guilty of trespassing, theft and, reasonably, is liable for damages.<\/p>\n
Having said that, I’ll bet you can guess the next part: You need to take this up with an attorney. You are aggrieved, and you have a right to be made whole, but this won’t happen without at least a little saber rattling.
\n<\/p>\nTechnorati Tags: real estate<\/a>, real estate marketing<\/a><\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
This is one for The Hardy Boys: The Case of the Stolen Dirt. As a buyer what rights do I have in the following scenario? I purchased a tract of land in 08\/06. Closed on the deal 10\/06. Visited the tract in 12\/06 to find extensive excavation was performed for road building material without my […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[12,8,6,5],"tags":[],"class_list":{"0":"post-913","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-ask-the-broker","7":"category-investment","8":"category-marketing","9":"category-real-estate","11":"no-featured-image"},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":336,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/336\/ask-the-broker-what-compensation-does-a-buyers-agent-have-to-disclose\/","url_meta":{"origin":913,"position":0},"title":"Ask the Broker: What compensation does a buyer’s agent have to disclose . . . ?","author":"Greg Swann","date":"September 14, 2006","format":false,"excerpt":"This is an excellent question:Do buyer's agents have to disclose ALL compensation he receives from all sources to his client? It would be important to know who's filling his lunch sack. Example: Builder pays a bonus above the commission listed in the MLS to the buyer's agent if his client\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":361,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/361\/ask-the-broker-why-should-i-take-a-buyers-agent-along-to-buy-a-new-home\/","url_meta":{"origin":913,"position":1},"title":"Ask the Broker: Why should I take a buyer’s agent along to buy a new home . . . ?","author":"Greg Swann","date":"September 21, 2006","format":false,"excerpt":"This question came at an appropriate time. My column in tomorrow's Arizona Republic deals with this topic:Last year it was so hard to buy a new home. We would have had to camp out in some builders' parking lots just to have a chance to be in a lottery to\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":393,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/393\/blogoff-post-16-ask-the-broker-why-are-the-lots-so-small\/","url_meta":{"origin":913,"position":2},"title":"Blogoff Post #16: Ask the Broker: Why are the lots so small . . . ?","author":"Greg Swann","date":"September 26, 2006","format":false,"excerpt":"This question comes from my mother-in-law, Cathy's mother:Why do builders make yards so small?This is a question that applies to the Phoenix area, but I know it fits in many markets in the southwest. Phoenix was settled in sections, 640 acre square-mile parcels. A farm might be a section, a\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":874,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/874\/dual-agency-smack-down-arizona-association-of-realtors-general-counsel-michelle-lind-on-dual-agency\/","url_meta":{"origin":913,"position":3},"title":"Dual Agency Smack-Down: Arizona Association of Realtors General Counsel Michelle Lind on Dual Agency . . .","author":"Greg Swann","date":"January 8, 2007","format":false,"excerpt":"The Arizona Association of Realtors has just published Arizona Real Estate: A Professional\u2019s Guide to Law and Practice by Arizona Association of Realtors General Counsel Michelle Lind. I don't know what is planned for this book, but it is comprehensive enough to be used as one of the texts in\u2026","rel":"","context":"In "Dual Agency"","block_context":{"text":"Dual Agency","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/dual-agency\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1444,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1444\/by-withholding-the-secrets-of-the-mystical-mls-system-are-we-betraying-the-home-buyers-interests\/","url_meta":{"origin":913,"position":4},"title":"By withholding the secrets of the mystical MLS system are we betraying the home-buyer’s interests?","author":"Greg Swann","date":"May 18, 2007","format":false,"excerpt":"In all my spare time, I've been working over the past few days on a real estate porn movie. The film features pictures from hundreds of homes, with loads of juicy details. We took the photos over the course of years, so it's entirely possible that some of those homes\u2026","rel":"","context":"In "Enduring Interest"","block_context":{"text":"Enduring Interest","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/enduring-interest\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":15714,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/15714\/ask-the-broker-has-going-fsbo-lost-its-fizz\/","url_meta":{"origin":913,"position":5},"title":"Ask the Broker: Has going FSBO lost its fizz?","author":"Greg Swann","date":"February 21, 2012","format":false,"excerpt":"This came in over the transom. I'm not answering the whole question. To say the truth, I feel as if I'm being shopped with every conceivable infraction in the HUD handbook. So, you, too, please do also exercise restraint on the subject of commissions. 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