City agrees to swap
land, resolve boundary dilemma By MONROE ROARK
Staff Writer
Brian
McAllister has had a unique problem, the only one
of its kind in Peachtree City at least,
the City Council hopes it's the only one.
The
young airline pilot lived in his home at 205
Creekbed Court with his wife and two young sons
for nearly two years without incident. He bought
the house in 1997 and became the third owner of
the property since the house was built in 1973.
It
was only when he sold the house, so his family
could move back home to Colorado, that his
private nightmare began.
It
was discovered during routine paperwork for the
sale that his backyard fence, which marked his
supposed property line, enclosed more than 60
feet of the city's green belt. Thus, much of his
backyard was not his.
The
amazing thing about this discovery was that it
had never been noticed for 26 years prior to this
transaction. A new backyard fence was even
inspected by the city and a permit was issued for
it, McAllister explained in a letter to the City
Council.
McAllister
and his wife spent a great deal of time building
the fence themselves, following the exact route
the previous fence had taken more than 400
feet. Now they were faced with the possibility of
having to tear it down and rearrange the property
lines before the sale could be completed.
The
matter was complicated by the fact that the
city's own cart path actually encroached onto
McAllister's land.
McAllister
appeared before the City Council at last week's
regular meeting to present what he thought was a
fair and equitable solution to the problem
swap some land, square foot for square foot.
He
proposed to give the city the land surrounding
the cart path, with an equal amount being
returned to him so that his fence would be
undisturbed.
City
attorney Rick Lindsey researched the city's
options and determined that the city could swap
the property if it wanted to. He also said that,
according to his interpretation of state law,
while the city cannot lose title to land it holds
for the public by prescriptive easement or
adverse possession, it could take possession of
property through the same means. However, Lindsey
recommended that the city not take any such
action, since it would be
inequitable.
Councilman
Jim Pace said he had walked the property himself
and thought the proposed swap was the only
right thing to do. He made a motion to do
so, was seconded by Annie McMenamin and it
carried unanimously.
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