The Fayette Citizen-News Page
Wednesday, July 21, 1999
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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