Local News

House On Two Lots Does Not Sit Well With Owner

Posted July 10, 2002 2:28 a.m. EDT

— A lot of things can go wrong when buying a new home, but a Wake County couple is dealing with a problem that most of us would never imagine.

It turns out the house the couple bought is theirs, but the land underneath it is not.

"We have lots of plans for the whole yard. Everything is just on standstill," homeowner Mary Quinealty said.

The plans on are standstill because the Quinealtys are not sure where their yard is.

"It's just been a nightmare," Quinealty said.

In November, Quinealty and her husband bought their new home from Southern Comfort Homes in Knightdale.

It was supposed to be a turnkey deal, but a week after they closed, the couple learned the unthinkable: Their home is right in the middle of two lots.

"I don't know who said what to whom. I just know my house is in the wrong place and I want someone to do something about it," Quinealty said.

Southern Comfort blames the developer, Sanford Bailey, who operates out of an office in Wake Forest. Bailey blames Southern Comfort.

Southern Comfort general manager Scott Ayscue said

two maps

are the problem. The maps show different layouts for the same neighborhood. Lot 97, the Quinealty's, is a different size and in a different place on each map.

"This is the original map Mr. Bailey brought us to start with. After we got the house, set it up, done it all, and find out the house is on two lots this map shows up," Ayscue said.

Bailey would not discuss the matter with Five On Your Side.

Meanwhile, Quinealty said Southern Comfort is pushing her to buy the second lot at a cost of $30,000.

"Everytime I talk to them they try to pressure us into buying this lot. We can't afford it," she said.

Quinealty said Southern Comfort warned her that that if she does not buy the lot, they might move her house.

"We don't care if they move the house. We want our house on our property. But if they're not going to move the house, then buy the lot and let us get on with our lives," she said.

Sanford Bailey has since filed suit against Southern Comfort Homes and Quinealty for trespassing.

For now, Quinealty takes care of the little stretch of landscape she is sure belongs to her, and hopes a judge can fix the dispute.

"We just want to get on with out lives. We're tired of it," Quinealty said.

Quinealty wondered why a foundation survey was not done before the house was placed on the land. The fact is the town of Wendell and Wake County do not require one.

The bank supposedly does, but the Quinealty's loan was approved without a survey.

A court date is not yet scheduled. Five on Your Side will keep everyone posted on the outcome.