Legal Question in Real Estate Law in Georgia

We purchased a home in 2008. After living in the home for ~2 years, we were told by a neighbor there is a graveyard located in the woods behind on our property line. After walking into the woods, two small headstones were found. We retrieved our plat from the county courthouse (which we were not shown during closing) and it was determined that the cemetery is located on the back portion of our land and is accompanied by an easement on our property. None of this information was disclosed to us prior to closing. What can we do to?

Asked on 9/11/10, 2:17 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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You are presumed to have knowledge of everything that is in public records. A property description is also included in the closing documents. It is safe to assume that most people purchasing real property would make an effort to see what they are buying, so it is almost never going to be an excuse that no one showed you what you should have known before you ever signed the closing documents.

Answered on 9/16/10, 2:56 pm

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Phillip M. Cook Cook Legal Services, LLC

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I agree with Mr. Riddle. You can't claim ignorance -- a Georgia Court won't hear it. Learn to live with it -- you would be shocked how many graveyards are located in residential communities.

Best of luck.*******The above is for informational purposes and does not create an attorney-client privilege.*******

Answered on 9/16/10, 2:59 pm

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