Legal Question in Real Estate Law in Georgia

we moved into our present home last May 2014. the house was built in 2007. until 5 months ago there were empty lots on either side of the house. Sept. saw the start of one house then Jan. saw the start of the second house. the second house is the problem. we have been informed our propane tank (which was put in when the house was built) and the sprinkler system (also put in when the house was built) are over the property line. the propane tank is 12-16 inches over the line (depending on it's width (it is buried beneath the ground) and the sprinklers are right on the line----which the builder has already buried with dirt from the excavation. do we have to move the propane tank and/or sprinklers?? if so who pays? us, the realtors who sold us the house and led us to believe that the tank and sprinklers were on our property, or the builder? since the house is 8 years old does that enter into the matter?? the house has been occupied since it was built by different owners.


Asked on 2/22/15, 12:26 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You pay. Had you checked out a survey at the time of sale this was avoidable.

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Answered on 2/22/15, 1:19 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Your house, so the 1st option for paying is you. You don't rely on real estate agents to determine property lines or the location of underground utilities, sprinklers, tanks, etc. -- even if they were your agent. The seller's agent has no duty to you at all. Did you inspect the sprinkler heads? How do you know the builder even installed them? Are they even still around? What about your sellers? Can you prove anyone intentionally misled you? These are just a few of the questions that would come up in a very expensive court case. Bottom line - your house, your problem.

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Answered on 2/23/15, 5:14 am


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