How a clerical error cost Paul and Dorothy $88,000+ in direct damages and potentially $240,000 in lost rental income.
When Paul and Dorothy sold 12 acres to Cindy Donley and Thomas Pope in April 2018, they hired surveyor James Garon to create a new survey that carved out a 70x70-foot parcel the sellers intended to keep. However, the seller's attorney (Andrea Bleau) and the title company (Austin Title) filed the deed with the outdated 2011 Olson survey instead of the correct 2018 Garon survey. This legally conveyed the 70x70 parcel to Cindy by mistake.
| Date | Event | Cost |
|---|
| April 2018 | Closing. Wrong survey (Olson 2011) attached to deed instead of correct Garon 2018 survey. $2,000 credit given to buyers for the 70x70 reservation — reflected in Master Settlement Statement. | — |
| 2018 | Cargo container placement dispute. Paul paid an extra $2,000 to resolve it. | $2,000 |
| Late 2019 | Paul and Dorothy discover the title cloud. Call attorney Andrea Bleau. Told it's a "clerical error." | — |
| Late 2019 | Ask Cindy to review and sign a correction document. She refuses and "digs in." | — |
| 2019-2020 | Cindy builds a fence physically absorbing the 70x70 parcel, narrowing the 60-foot access easement to 10-12 feet. | Vehicle damage to Dorothy's car + Paul's F-150 |
| Feb 2019 | Cindy gives 5-day ultimatum to reroute the water line. After 5 days, cuts off water supply. | — |
| Feb 2019 | Paul works through the night for 6 days building emergency water system. New tank, lines, fittings, trencher rental. | $10,000+ |
| 2019 | Bluebonnet Electric: new pole, meter, electric lines. Electric pump added later. | $2,000+ (est) |
| Jan 2020 | Failed mediation (Bruce Clark). Fees raised from $600/yr to $1,900+/yr. Cindy gets 1/3 of disputed land. Cindy demands "reverter clause" (non-starter). Cindy gets right to monitor Paul's units; Paul gets no reciprocal right. | Higher ongoing fees |
| 2020 | Paul releases attorney Andrea Bleau from liability. | $5,000 |
| 2020 | Bruce Clark passes case to attorney Joe Tuck. | $773 |
| 2020 | Cindy builds fence keeping 70x70 on her side. Blocks cargo container with mulch pile, trash, and her own container. | — |
| Ongoing | Cindy threatens to report Paul to Bastrop County Environmental Services for too many tenants on the septic system. Without the 70x70, Paul can't add the required spray head. | Potential: loss of 4 rental units = $240,000 over 10 years |
| Winter 2022 | 182 Clover property sold to new owners. Water line in jeopardy again. Second relocation of water tank and water lines. | $15,000+ |
| Summer 2022 | Dorothy finds title insurance papers while organizing documents. Austin Title and Andrea Bleau had previously said they had no title insurance. James Garon confirms Paul/Dorothy own the 70x70. | — |
| Aug 2022 | Paul and Dorothy visit James Garon. He provides documents signed by Cindy substantiating their ownership of the 70x70. | — |
| Oct 2022 | Cindy demands road/water fees increase to $300/month ($3,600/year) — 6x the original $600/year. Threatens to deduct from her mortgage payment. | — |
| Oct 2022 | Paul drafts confidential letters to attorneys Jeff Kelly and Kemp Gorthey seeking to pursue lawsuit or foreclosure. | — |
| Current | Fence still up. Easement still narrowed to 10-12 feet. Paying $2,400/year in fees (4x the original $600). No attorney retained. Title insurance claim NOT yet filed. | $2,400/yr ongoing |
| Contract term | What Cindy did |
|---|
| $50/mo "all bills paid" (water, electric, WiFi) | Cut off internet service |
| Seller retains access to container + adjacent land | Blocked access with mulch pile, trash, and her own container (since resolved) |
| Duration: until seller removes or buyer purchases | Access was physically blocked, preventing removal |
| Seller to deliver a 40ft+ replacement container to buyer | Delivered ✓ |
| Item | Amount |
|---|
| Emergency water infrastructure relocation #1 (5-day ultimatum) | $10,000+ |
| Water infrastructure relocation #2 (182 Clover sold, winter 2022) | $15,000+ |
| Paul's overall estimate for the water line moves | $20,000+ total |
| Bluebonnet Electric pole/meter/lines | $2,000+ (est) |
| $5,000 given to Cindy at closing for septic system never installed | $5,000 |
| Cargo container dispute extra payment | $2,000 |
| $2,000 credit at closing for 70x70 reservation (land never retained) | $2,000 |
| Attorney Andrea Bleau release settlement (regretted) | $5,000 |
| Attorney Joe Tuck (no results) | $773 |
| Increased fees: $1,800/yr above original $600/yr × 6+ years | $10,800+ |
| Value of the 70x70 parcel at contract per-acre rate ($39,490/acre × ~0.11 acre) | ~$4,344 (by area) or ~$27,600 (by Paul's valuation) |
| Direct documented damages (conservative) | $62,573+ |
| Potential lost rental income if septic forces 4-unit shutdown (10 years) | ~$240,000 |
| Total documented + potential | $302,573+ |