Unpermitted home

[Yummy]

Unpermitted illegal built home Behind My Home — What Are My Options?


Located in Union City, GA.

A full home was built in the backyard of my property — no permits, no certificate of occupancy, no inspections. I’ve confirmed through a records request that no documentation exists with the city or county for this construction. The house doesn’t exist in any system but it hard to miss being over 6,000 sq ft.





I’m trying to understand:





1. What legal actions can be taken against the builder or property owner?


2. Can the city force demolition or removal of the structure?


3. What role does Code Enforcement play in this situation?


4. Could this affect property taxes or zoning violations?


5. Ive reported it and code enforcement seems to not ever been in this situation before, who do I go to next?





Any insight from those familiar with Georgia building codes, Union City ordinances, or similar cases would be appreciated. I want to ensure safety, compliance, and protect my property rights.

 

[Yankee Chronicler]

When you say it was "built in the backyard of my property" -- are you saying someone built a house on your property, or are you saying they built somewhere behind your property and within your view?

 

[Yummy]

When you say it was "built in the backyard of my property" -- are you saying someone built a house on your property, or are you saying they built somewhere behind your property and within your view?

 

[Yummy]

I purchased one half of property lot 9 lot 10 has the un permitted home. Its a mess over here. I purchased the original property.

 

[Yummy]

When you say it was "built in the backyard of my property" -- are you saying someone built a house on your property, or are you saying they built somewhere behind your property and within your view?

It’s within in my view and one half of the home is on my lot.

 

[Yankee Chronicler]

If all or part of the house is on your property, you have a civil case for encroachment. That's a totally separate issue from all the code violations attaching to a house built with no permits and no inspections.

Time to lawyer up.

 

[jar546]

It’s within in my view and one half of the home is on my lot.

In reality, this should be a slam dunk, easy case for code enforcement using planning & zoning and building codes as reasons for violations, if what you say is accurate. On the other end, you have a civil suit on your hands and will need counsel. Hopefully, this part of Georgia is not the kind where Mayor Bob's brother-in-law Cleatus is the zoning officer, whose cousin Billy Ray is the one who built the house, and nothing will ever come of this. I believe the times have changed, so I won't queue in the banjos at this time.

 

[e hilton]

When you bought the half lot, did you have a title search done? A property survey? How do you know what easements are on your lot? Kinda sounds like you didn’t exercise due diligence before writing the check.

 

[arwat23]

1. What legal actions can be taken against the builder or property owner?

Civil suite. Get a lawyer. It should be an easy win.

2. Can the city force demolition or removal of the structure?

If it's on your property, probably. It is, after all, your land. If it's not on your property, but is in violation of local municipal or state codes, then it depends on the jurisdiction. One that I work in often allows people to "legalize" unpermitted work. It's a pain to deal with, so most bigger projects like a house just get torn down.

3. What role does Code Enforcement play in this situation?

I believe they're the ones who inspect the site and slap people with fines until they fix the problem. I sometimes get clients who got slapped with a $150/day fine until they fix whatever issue they have (usually a lot smaller than a full blown structure). That's my limited exposure to that side of this.

4. Could this affect property taxes or zoning violations?

Talk to your tax person or a lawyer.

5. Ive reported it and code enforcement seems to not ever been in this situation before, who do I go to next?

Code enforcement should be equipped to handle the city's side for this. If not... idk, push it up the ladder. Go to their boss and their bosses boss.

Talk to an attorney and make sure you are 10,000% confident the structure is on your lot.

 

[ICE]

From my cluttered desk in my garage, I can’t begin to form an opinion of the house or the lay of the land. Without getting to know the responsible parties, it is not possible to adjust that opinion that I can’t form. I try to be as fair as fair can be. Take that desk in my garage, the way she tells it I’m a lucky man. To know her is to love her.
So I’ve dealt with all manner of bootleg construction. I reckon a 6000 square foot house that shows up in a random spot would take some extra special pondering.

 

[Yikes]

How long has the building existed there? It sounds like you have 2 separate issues:
1. If the house was built without permits, call code enforcement.
2. Whether it is a house or just a pile of lumber, the person who has been utilizing it has been engaged in “adverse possession”, aka “squatting”. Depending on how long it’s been going on uncontested, they may have some legal rights. Consult a real estate attorney ASAP. IMO that’s your much bigger issue.

If it turns out they have no rights to access your property, then the illegally constructed house may become your responsibility to either tear down or bring into compliance.

BTW, one of the most eye-opening books for me in recent years, that touches on this subject and many other aspects of property rights is this: