Chattanooga, TN asked in Real Estate Law, Construction Law and Land Use & Zoning for Tennessee

Q: What legal claim, if any, do we have against the builder?

We are waiting to get back topo + boundary surveys but, according to the GIS, our brand new build (and all our neighbors brand new builds) were built on (or *way* over) each other's property lines. It's not like the builder got the whole plan shifted x amount of feet, everyone's house is varying degrees over the lines.

For reference, we are 29.5' from one neighbor but only 21' from the other. 1/4 of our home is built onto our right neighbors property and 1/3 of our left neighbor's home is on our property. The plat states each home must be 10' from the property line.

What is our next step?

1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Real Estate Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Either a 3 year or 4 year Statute of Limitations probably applies to your cause of action. Hire an attorney now to examine the builder's, seller's and/or surveyor's negligence. Hopefully you have not busted the SOL. Boundary Line Agreements for adjoining landowners are probably in order. You need a surveyor as your witness.

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