Speaker 1: back what would you do if you built a new home and found out you didn't get what you paid for? Then to fix the problem you're told to split the cost with the builder. That's what one family says happened to them so they called ABC 4's Jason Wynn to investigate their property line dispute. Take a look at

Speaker 2: Mallory Rogers and Stephen Carter's dream home. The whole reason we

Speaker 3: purchased a larger home from where we came from is to have a yard for our child and our dogs and as it stands we haven't it's going to be put off. The

Speaker 2: family moved into the Saratoga Springs home last January and they were given nine months to complete their yard or face a fine from their homeowners association. The family built a fence around their yard and split the cost with two of their neighbors. However unlike some of their neighbors the new

Speaker 3: homeowners property has a berm. We were told by our foreman of our build that the berms that they put in the big dirt berms were representative of our property lines and that under no circumstances should we be touching those berms that is where our fences should go. They say this is the original

Speaker 2: stake used to mark the property. The family says they were a little surprised when a new surveyor showed up. Another surveyor came out to our property and

Speaker 3: different from the first survey or different company from what I understand and resurveyed our property and we discovered the property lines were off.

Speaker 4: Yeah yeah found property I guess is probably a good thing most of the time

Speaker 2: but for us not so good. The situation was not good for all four neighbors curbing, fencing, landscaping, sprinklers, oh and those berms would all need to be moved and like any new homeowner they called their builder who they say came

Speaker 4: back with the deal. When they came back to us and basically said well we're legally not responsible for this we have no liability we have no concerns here we've been told by our legal teams basically you guys can shove it so we'll split these costs with you 50-50 it was just a huge kick in the gut where I was

Speaker 2: like this is this isn't right you know. So they reached out to ABC 4 News and I got involved and contacted the main builder D.R. Horton by email following up with the call the next day. I was told they only respond to media inquiries in writing. Two hours after I placed the calls Mallory and Steven got a call of

Speaker 3: their own. The foreman of our build called my husband's phone and left us a voicemail he wasn't able to answer at the time and said hey we're so sorry you know we'd like to apologize for this we're taking full responsibility and we're going to 100% cover the costs. Allowing them to finally complete their

Speaker 2: home and get their yard done and avoid a fine from their HOA. I'm absolutely glad

Speaker 3: we called you I'm very very happy I'm very grateful I think they did the right thing and what they said to us I accept their apology. It's been nearly a month

Speaker 2: and I still haven't heard back from the company headquarters. I spoke with the family a little bit ago and they say they have bids into their contractor to get their yard fixed and they're waiting for that work to begin. Glenn