Lynn B. Friedman - Atlanta Homes ODAT Realty: Atlanta Buckhead Midtown - Adverse Possession - How does it work?

Atlanta Buckhead Midtown - Adverse Possession - How does it work?

Atlanta Buckhead Midtown - Adverse Possession -
How does it work?

Simple:

You built a garage on what you thought was your own property 20 years ago. Unknown to you, you included a piece of the neighbors land all those years. You want to clear up the error and claim that piece of land and have garage issue resolved. You may claim that corner as yours! Complicated but possible --- Adverse Possession.

 

This is where I say I am not a lawyer and my comments are not advice!.
For legal advice, contact a lawyer knows real estate law.

 

How? Now you want to sell your home. In the Purchase and Sale Agreement, the Buyer requested a professional Survey.  Before you purchased your home, in the deep and unreachable past, a part of that Neighbor's garage was built on the corner of your property. That fence line that everyone assumed was the Property Line is not! If you cannot produce an existing Survey, one must be ordered.

Here's the fun part! If no action has been taken by that Owner to protect that land over the years, you may declare that is has been "abandoned" and claim it as your own.. You will slog your way through the rules and then get to success.  

Another option, of course, is to simply purchase the number of feet from the neighbor aand resove it quickly!!! All the best - Lynn       More info with drawings...

Image courtesy of unknown site online.

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Comment balloon 8 commentsLynn B. Friedman • September 13 2019 04:58AM

Comments

Good morning Lynn. Depending on the encroachment, a title company may issue an encroachment note to the title policy. Contact an attorney for clarification. Enjoy your day!

Posted by Wayne Martin, Real Estate Broker - Retired (Wayne M Martin) 7 days ago

Wayne Martin Thanks for the added info. I am hoping that readers add a lot of info going forward. Lynn

Posted by Lynn B. Friedman, Concierge Service for Our Atlanta Sellers & Buyers (Atlanta Homes ODAT Realty Call/Text 404-939-2727 Buckhead - Midtown - Westside -- and more ...) 7 days ago

Lynn I bet this happens more often than people may realize.

Posted by George Souto, Your Connecticut Mortgage Expert (George Souto NMLS #65149 FHA, CHFA, VA Mortgages) 7 days ago

George Souto 
And as you have discovered in your Mortgage work, something isn't a problem until it becomes a problem! All the best - Lynn

Posted by Lynn B. Friedman, Concierge Service for Our Atlanta Sellers & Buyers (Atlanta Homes ODAT Realty Call/Text 404-939-2727 Buckhead - Midtown - Westside -- and more ...) 7 days ago

Adverse possession can create a whole can of worms when it comes to property sales.  Years ago, I remember a home on quite a bit of land that was in escrow for my seller.  For awhile we thought there was going to be an issue with adverse possession.  However, it was ruled that although the neighbor had used the property for several years, and built a medium sized outbuilding which had encroached upon it, he had not paid property tax on that portion of land.  He therefore was denied, and had to tear down the building.

Posted by Myrl Jeffcoat, Greater Sacramento Real Estate Agent (GreatWest Realty) 7 days ago

CONGRATULATIONS Lynn, on having this blog FEATURED in the Old Farts Club group!  

Posted by Myrl Jeffcoat, Greater Sacramento Real Estate Agent (GreatWest Realty) 7 days ago

If the neighbor built a garage on Joe's property, wouldn't the neighbor be filing adverse possession instead of Joe? 

 

Posted by 1~Judi Barrett, BS Ed, Integrity Real Estate Services -IDABEL OK (Integrity Real Estate Services 118 SE AVE N, Idabel, OK 74745) 6 days ago

1~Judi Barrett 
The neighbor would be filing the adverse possession ONLY if the neighbor wanted to take possession of the land. If I understand Myrl Jeffcoat 's example, the actual owner of the land ON WHICH THE GARAGE WAS BUILT wanted to sell. To do so, "clear, marketable and insurable" Title would be required.

Of course, like anything else, there is a "work-around" for a Title issue. The property could be insured with an exception for the encroachment.
All the best - Lynn

Posted by Lynn B. Friedman, Concierge Service for Our Atlanta Sellers & Buyers (Atlanta Homes ODAT Realty Call/Text 404-939-2727 Buckhead - Midtown - Westside -- and more ...) 6 days ago

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