I hope no dirt lawyer was involved in this transaction!
Two sources, The Tampa Bay Times and The Hill, have reported on a faulty legal description resulting in the accidental sale by the town of Brooksville, Florida, of its water tower. Brooksville is a picturesque town west of Orlando and north of Tampa.
According to the reports, the purchaser, Bobby Head, sought to buy a small building with a garage at the water tower’s base for redevelopment as a gym. The building had previously been used as storage for the city. The inquiry about buying the property led to discussions among and action by city leaders declaring the building surplus and subdividing the land. The City approved the transaction at a meeting on April 19. The sales price was set at $55,000, and the closing took place on May 5.
On the day of the closing, the purchaser told city officials that he thought the legal description included more property, but the deed was signed and delivered anyway. (I think I would have taken a breath and checked out the legal description!)
Several days later, Head went to Hernando County Assessor’s office to get an address for his new business location. He was told then that the property he bought included the city’s entire water tower site.
Head agreed to sign a deed to return the water tower to the city, and that deed was recorded on May 14. Once council member said to The Tampa Bay Times that he was not happy that mistakes had been made and he also believed the city had lost needed parking.
One official joked on Facebook, “Last month we accidentally sold the water tower. What should we do today?” The newspaper reports that the redevelopment agency director resigned. The Mayor joked, according to the paper, “We just need to be darn sure this doesn’t happen again.” The papers report that the incident caused quite a community uproar, as we can all imagine.
Thankfully, the purchaser was an honorable person who returned the property within a few days. As we can all attest, not all mistakes in real estate transactions are corrected so easily. I’m sending good vibes from South Carolina and hoping no real estate lawyer was involved in preparing the legal description!