Easement non-disclosure on our new construction home... any advice?

My husband and I were supposed to close on our new construction home next Monday. We secured this lot back in June. Recently, we found out there is an Open Space Easement that runs diagonally across our backyard, awkwardly taking up half of it. We were pulling a permit for a patio cover and researching for possibly adding an ADU or pool. We picked this lot mainly for the size and building prospects. The builder’s sales team reached out saying there was a mistake and they didn’t know about the easement, although it seems like construction knew. The easement appears to be due to environmental preservation and fire hazard since our yard is up against a large hill in Southern California. So, I have a few questions: how much does an open easement affect the value of the plot of land? We intended this to be our 5-10 year home. Is it worth negotiating a price reduction if we can work around the easement? Should we seek legal representation for settling on either a price reduction or returning our deposits and possibly getting compensation for damages?

Wow, that sounds frustrating. I’m not a pro, but I think easements can really impact property values. Maybe 10-20% reduction?

IDK much about easements either, but negotiating a price reduction sounds like a good idea… better to try than not.

Skyler said:
IDK much about easements either, but negotiating a price reduction sounds like a good idea… better to try than not.

Thanks for the input… I just want to make sure we’re making the right move.

Legal representation can be helpful. They’ll know how to deal with the builder and easement issues. Might save you some headaches later.

West said:
Legal representation can be helpful. They’ll know how to deal with the builder and easement issues. Might save you some headaches later.

For sure, having someone who knows the law can really help you out, especially with contracts and negotiations.

I think it’s worth negotiating, but also check with other homeowners… maybe they’ve faced similar issues? You might get some good advice.

Whitney said:
I think it’s worth negotiating, but also check with other homeowners… maybe they’ve faced similar issues? You might get some good advice.

That’s a smart idea. Hearing from others could really help. Thanks for the suggestion!

I’d definitely consider the legal route if the builder didn’t disclose this. You deserve to know what you’re buying.

Paz said:
I’d definitely consider the legal route if the builder didn’t disclose this. You deserve to know what you’re buying.

Exactly. It’s a big investment, and you should be protected. Good luck with everything!