Busted In Lee Co.

Post by **captain static** » Thu Oct 04, 2007 12:34 pm

Not burgulars unfortunately but from my Kentucky Society of Professional Engineers newsletter a heads up for anybody looking to buy property in the area. John & Linda Snedegar + Darrell & Gracey Fraley dba Peaceful Valley Resort, subdivision plat of approximately 100 lots not surveyed by a professional surveyor and recorded in the records of Lee County. They entered into an Agreed Order to hire a professional surveyor to prepare a proper subdivision plat, to record this as an amended plat, and to issue deeds of correction to all who have bought lots. Lloyd & Deborah Little dba Indian Valley Resort, subdivision plat of approximately 130 lots not surveyed by a professional surveyor and recorded in the records of Lee County. They also entered into an Agreed Order to hire a professional surveyor to prepare a proper subdivision plat, to record this as an amended plat, and to issue deeds of correction to all who have bought lots. For the Littles there is an additional condition that they must pay a $15,000 fine if they fail do what is ordered.

Post by **pigsteak** » Thu Oct 04, 2007 12:38 pm

so what is the crime here?

Post by **Josephine** » Thu Oct 04, 2007 12:45 pm

i think they didn't properly survey the land prior to selling it. so you may have paid for more than you actually got. i'm guessing these 2 companies have to go back, get it surveyed and then tell the people that bought lots that their lots are not quite as large as the owners thought them to be. is that right?

Post by **Saxman** » Thu Oct 04, 2007 12:45 pm

Maybe saying they are selling 100 5 acre lots but really selling 125 4 acre lots?

Post by **pigsteak** » Thu Oct 04, 2007 12:47 pm

gotcha..I guess I read it as no crime has been committed, but that they needed the survey to make sure of such.

Post by **captain static** » Thu Oct 04, 2007 1:02 pm

KRS 322.020, which states:

Unless liscensed as a professional land surveyor, no person shall engage in the practice of land surveying.

I wonder if they are investigating the county clerk who accepted these plats?

KRS 322.400, which states:

It shall be unlawful for the county clerk of any county, or any other public authority with whom the same may be required by law to be filed, to accept for filing, file or record any map, plat, survey or other document related to the practice of land surveying, unless there is affixed thereto the personal seal and signature of the registered land surveyor by whom, or under whose personal supervision and direction, such map, plat, survey or other document was prepared.

Post by **kirker** » Thu Oct 04, 2007 2:34 pm

Sounds like the county (clerks office) is working with the developers a little too close.. I'm sure its all in an effort to improve the county by increasing the overall tax base.. Right? More property sold and developed, more taxes to collect..

Post by **pigsteak** » Thu Oct 04, 2007 2:48 pm

I am even more confused now..where does it say they were engaged in land surveying/ Can't a person just go out and say "hey, I'll sell you about 2 acres over by them that woods. I think it is about 2 acres, but I haven't had it surveyed."

Is that legal? If so, I'd thinik it was buyer beware, unless the seller was fraudulently misrepresenting the situation.

Post by **bcombs** » Thu Oct 04, 2007 3:03 pm

I talked to these folks awhile back and when asking about cliff face ownership I was given an answer that directly contradicts the experiences of the RRGCC. Sounds like they are just willing to tell people what they want to hear. Good thing I didn't buy anything.

Post by **Jeff** » Thu Oct 04, 2007 3:16 pm

The Littles have been involved in shady land deals for years in the area.