Misrepresentation of Property Lines

[DPORT]

My husband and I just purchased a home in Henry County Georgia with Crown Us. We wanted a large lot so the agent took us to Lot 123. The lot was huge in depth and width. Since the sod was already laid on the house behind us it gave a great idea of how large the lot was. The agent gave us the impression that all of the lot was ours and she made no mention that the black tarp was 5 ft in the wrong place. So we purchased the lot and paid $3000 extra and the building began. Fast forward 2 months and my neighbor behind us wants to put in a fence and low and behold we find out that about 5 ft of our backyard is not our back yard it belongs to the neighbor behind us and her next door neighbor. For two months we have been cutting the grass and have had Scott's lawn service treat the grass. If we would have known the lot was wide and not deep we would have purchased a different lot.

I believe the agent and Crown misrepresented the property lines but not sure if I have a leg to stand on because I did not have a survey of the property done. Any advice you can give would be greatly appreciated.

Thanks

DPORT

 

[KatDini]

Enjoy your new home, because you did not do your due diligence. arty:

 

[army judge]

My husband and I just purchased a home in Henry County Georgia with Crown Us. We wanted a large lot so the agent took us to Lot 123. The lot was huge in depth and width. Since the sod was already laid on the house behind us it gave a great idea of how large the lot was. The agent gave us the impression that all of the lot was ours and she made no mention that the black tarp was 5 ft in the wrong place. So we purchased the lot and paid $3000 extra and the building began. Fast forward 2 months and my neighbor behind us wants to put in a fence and low and behold we find out that about 5 ft of our backyard is not our back yard it belongs to the neighbor behind us and her next door neighbor. For two months we have been cutting the grass and have had Scott's lawn service treat the grass. If we would have known the lot was wide and not deep we would have purchased a different lot.

I believe the agent and Crown misrepresented the property lines but not sure if I have a leg to stand on because I did not have a survey of the property done. Any advice you can give would be greatly appreciated.

Thanks

DPORT

It wouldn't hurt you to speak with three or four property lawyers or real estate lawyers in your county.
In most cases, there is no charge for that initial consultation.

It is a great way to ask a few questions and get a real legal assessment from a licensed attorney in your area.

If you have a legal remedy, it won't be found in a small claims court.
You'll have to pursue it in State Court or Superior Court, depending upon where you reside.
The issue will likely require an attorney to litigate it for you.

Here is an informative pamphlet published by your state's Bar Association:

http://www.gabar.org/newsandpublications/consumerpamphlets/Buying-a-Home.cfm

However, I believe it reveals an issue that might not allow you to recover anything for this fiasco:

Obtaining a survey. Many lenders do not require a current survey. However, it is prudent to obtain one prior to closing because it will show the location of the house and other improvements such as fences, garages, driveways, decks and walkways on the property, including any improvements encroaching on or from adjoining property. You will need to notify the closing attorney prior to closing if you wish to have a survey done on your property.

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