Legal Question in Real Estate Law in Georgia
incorrect warranty deed
in febuary 2000 I bought a house that was listed with property of 4.07 ac. I have a warranty deed from the seller with a legal description that describes the property and a plot that shows 4.07 ac. while doing a a new loan I turned up a tax accesor plot that shows I only have 3.35 ac .65 ac short of what I was sold . it seems that 10 years ago the house next door drive way and garsge were built over the line.My lot was owned by the same people who had built the driveway over the line so they took .65 ac off the lot i now own and put it with their lot.when the people we bought the house and lot from bought the lot they were told it was 4.07 ac.but were not given a warranty deed from the seller.the .65 that was taken off my lot keeps me from adding on to my hose as planned because of setbacks.I feel i am owed fair market value for this property plus the attorneys closing cost should be returned to me for such poor title research when it took me less tsn 2 minutes to find this out at the tax accesors.
1 Answer from Attorneys
Re: incorrect warranty deed
Well, you definately have a claim on your hands. I need more information to answer your question and I will be glad to answer it by direct email. 1) when you closed, did all of the documents show that you were getting 4+ acres? 2) Was there a survey done at closing? What did it show? 3) Was your loan tied to 4+ acres? 4) did you buy OWNERS Title insurance at your closing? You have a claim against someone for the FMV of the .65 acres, but as of this response I cannot tell (economically) who is your best defendant. Under common law, they all are, but if you have title ins., that may be your most simple claim. Yours Hugh Wood [email protected]
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