Legal Question in Real Estate Law in Georgia
Question about home purchased new in 2002, refinanced in 2009.
Blairsville, GA
Because our neighbor was wanting to build a carport close to our property line, my husband suggested he have a survey done to be sure where he put it would not infringe on our property, as to avoid possible issues with future home-owners. After the survey was done yesterday, we all discovered that a corner of our driveway (probably about 20 sq ft) is on his property, and a portion of land that he was mowing and thought was his is actually ours. Because we get along with our neighbors, this is not an issue for any of us, but we agree that something should be done in case any of us puts our houses up for sale, and the buyers require a survey.
We are talking about quit deeding the property in question to each other, to put our property line to where we thought it was. How much is this going to cost in legal fees? Are there any other possible solutions that would be better? Someone said the title insurance for our original mortgage (we have since refinanced this year) is responsible for this "mistake" and we could recoup the costs? Do we need to provide the new land survey to our current lender and how, if at all, will this affect our current mortgage? Thanks for any info...wendy
1 Answer from Attorneys
The cost depends on who you hire and what they do. That person will answer your other questions. However, the mere fact that you and your neighbor did not know where the lines are certainly is not a title defect.
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