Information to Consider:
Extent of Violation:
Most title insurers will issue a lender's title policy without exception if the violation is not extensive. This is imperative for the loan to close.

Title insurers will NOT cover building line encroachments on owner's title policies. The violation/encroachment is excepted from coverage if a current survey reveals the encroachment.

Age of Structure:
Georgia law sets out a two-year statute of limitations on the enforcement of building line violations. So, if the violation has been in existence for more that two years the owner can feel safe that no one will make them move their house. HOWEVER, if the house is destroyed (fire, tornado) it would have to be rebuilt behind the building line.

Was a Variance Issued?
If a variance can be produced, the building line on the survey can be changed. It is very difficult to find a variance unless a copy was kept when it was issued. There is no index or filing system for variances at the courthouse.

Suggestions for finding a variance:

1. Call the builder and see if one was kept in the original file.
2. Call planning and zoning at the county Courthouse-sometimes a helpful clerk will be able to find one.  (Cobb County Planning and Zoning is helpful, Fulton County is not)
3. Check the Seller's original file to see if a copy was included at closing.
4. Look to see if the Seller's owner's title policy mentions the building line or the encroachment.

   

 
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Sincerely,
  Patrick McManamy
  Bren McLeod
  Kati Heller