Legal Question in Real Estate Law in Georgia
Innacurate survey provided by builder
In July of 2001, I purchased a home for $349,000. To view our property lines in the rear, I could see pink streamers dangling from the trees as the brush was too thick to see posts marked in the ground. My property line was bounded by a creek. It was my intention to level the yard as our children need a place to play. Last spring, I began clearing the trees, bushes, weeds, brush and felled trees. Once I cleared the brush, I noticed the creek appeared very close to our home. I then consulted the survey drawings provided at closing (I believe the builder provided them)
I found that the drawings are innacurate. The survey shows the creek is about 10 feet beyond my property line but in fact is about 30 feet closer to my home and the entire creek is on my property. The survey shows a 25 foot easement required which leaves me only about 30 feet of usable property from the rear of my home!
I have contacted the builder via registered mail has not responded or return phone calls.
I would have never purchased a home with a non usable yard. Also, in the contract there is mention or arbitration in matters of this sort. You may reach me anytime at (404) 550-3250.
1 Answer from Attorneys
Re: Innacurate survey provided by builder
Only one way exists to determine whether the survey is inaccurate, and that is for you to hire another surveyor to do a current survey for you. That surveyor would then be able, along with your attorney, to make a judgment on the original survey's accuracy. If the original survey was not done for you, and you merely accepted it without having your own survey done, you may have a problem. Is your name on the plat? Surveyors often put a disclaimer on a plat that only the person named on the plat can rely on it. Also, you cannot rely on the "red flags." They mean nothing.
You should contact an attorney on these issues. The situation requires the examination of documents, including the plat on record and the deeds. The plat on record at the courthouse may or may not be the same as the one you were given.
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