House Built on Wrong Lot

**Modify_Inc** · 01-28-2009, 12:34 PM

My question involves real estate located in the State of: Georgia

I just found out after inheriting the property from my dad's estate that this lady is on the wrong parcel of land. Yes, she has built a house on it and is living there. She is supposed to be on the parcel next to ours. I found this out by doing a GIS search online. I showed her what I knew, and a picture from GIS where it shows that we own it and that she owns the one next to us. She was not very happy about it, and claimed it wasn't possibly. I did find out she built and moved on the land in 1995. I believe the Adverse Procession doesn't apply here since it has been less than 20 years unless the 7yr Color of Title has something to do with it which I don't believe applies here.

So what are my options? Can we just swap parcels since they are even, do I own the house now, b/c it's on our land, and can I collect rent? What are mine and her rights in this situation?

Thanks

**gigirle** · 01-28-2009, 12:53 PM

For starters, and I hate to burst your bubble but don't rely on the GIS. Read the online disclaimer, most say its not meant to be substituted for a legal survey or abstract (it says a lot more than that but you really should read it). Meaning you have nothing here unless you have a survey to back up your claim.

Your only option at this point is to a legal survey done on the land before you can proceed with anything.

**Modify_Inc** · 01-29-2009, 08:06 AM

Quoting gigirle

For starters, and I hate to burst your bubble but don't rely on the GIS. Read the online disclaimer, most say its not meant to be substituted for a legal survey or abstract (it says a lot more than that but you really should read it). Meaning you have nothing here unless you have a survey to back up your claim.

Your only option at this point is to a legal survey done on the land before you can proceed with anything.

I agree, and I'm very aware of the disclaimer, but let’s say GIS is right, and/or we did a survey and it came to the same conclusion, then what would her and my options be? Reason being is if I can't do anything about it anyway why wastes the money to investigate any further. If I have a snowball chance of getting something out of it, then I wouldn't mind furthering the investigation. I already had one instance of a trailer on our property thanks to GIS. I confronted the owner of the trailer and he said he was paying another gentleman land rent that didn't even own the property for about 10 years now. I showed the unaware owner that he didn't own the land, and showed him the deed form the court house. I am now collecting rent from the trailer owner.

Now I haven’t pulled the deed yet for the other land in question as it's in another county and I have not had time to fully commit to it. It looks to be the about the same deal as the other with the trailer, other than the fact she built a house on it, and thinks she owns that parcel of land. I will find out for sure if she does, I just need to know in the mean time what my options are if I'm right.

Thanks guys

**OhMy** · 01-30-2009, 02:25 PM

If you assume that GIS is correct, I have a bridge in Brooklyn to sell you. They are seldom correct.

I agree with gigirle, you need a REAL survey.

**Modify_Inc** · 02-02-2009, 07:49 AM

Quoting OhMy

If you assume that GIS is correct, I have a bridge in Brooklyn to sell you. They are seldom correct.

I agree with gigirle, you need a REAL survey.

I don't want to assume, I want to do a "what if" instead. What if I get it surveyed and she is on my property, what are my rights?

**Mr. Knowitall** · 02-02-2009, 08:17 AM

If it turns out that the house is built on the wrong lot, you will try to negotiate a resolution. If you and she decide that swapping lots is a suitable resolution, that's one possibility. If you can't come to an agreement, you both hire lawyers, go to court, and spend many thousands of dollars arguing about what should happen.

For a taste of how complicated things can get, read this case (including the disssent). The equities of your case would be different, but it may well be that to recover "your lot" you have to reimburse the woman for the cost of the improvements she made (i.e., the cost of constructing the home). Were that to happen, you would then own your lot and her home (on your lot), which may or may not even be to your liking.