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private property being used as common area

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Alpharetta, GA.

We just singed a contract to buy a new house from a builder.
It is at an entrance of the community.

We found 2 problems after signing the contract:
1. The community wall, fence and entrance land scaping are 24 feet inside the property line, while the survey marks only a 10 feet NO-ACCESS easement.
2. In the back yard, there's a power meter and a sprincler control box that belong to the Home Owners Association.
None of the above was disclosed by the seller.

Our Questions:
1. Any legal rights do we have before closing and after closing to force the builder to move the wall, fence, meter and sprincler control out of the property line?
2. If the builder refused to move anything, what legal rights do we have against the Home Owners Association? and what potention disputes, liabilities or any legal issue may arise after the purchase?
3. After we move in, can we refuse the Home Owners Association and the power company to access the sprincler control and the power meter in our back yard? Or can we just throw them away?




Senior Member
Do not buy the property until you have an attorney review all the documents and advice you accordingly.

You really are not in a good position.

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