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Council postpones decision after discovery that house at 1832 Fifth Court South encroaches on city land; survey to be obtained
Summary
A closing on a Homewood property revealed the house was built 11 feet onto city-owned land; the Finance Committee agreed to pause any action and verify property lines with a professional survey before deciding whether to sell or grant an easement.
The Finance Committee discussed a title problem arising from a property at or near 1832 Fifth Court South in the Rosedale area after a buyer’s closing survey showed the house was built about 11 feet onto city-owned land.
Kelly, identified in the meeting as the listing agent, told the committee the seller was under contract but could not close once the encroachment appeared on the buyer’s survey. Committee members and staff said the city may have other similar parcels in the neighborhood and flagged the legal and policy constraints that affect any sale of park-dedicated land.
City staff and committee members agreed the next step is to confirm whether a current survey of the city property exists and, if not, to order a survey that will show the precise property line and what portion, if any, of the city parcel can be conveyed without a public election. One staff member noted the city cannot sell land that has been legally dedicated for park purposes without an election; that constraint will affect any proposal to sell or permanently convey land behind the lease center.
Committee members discussed alternatives, including a permanent easement for the life of the structure, sale of a small sliver at assessed value, or allowing a temporary lease while the parties attempt to resolve title. Several members cautioned that approving a sale or easement for one parcel could create a precedent for other encroachments in Rosedale. The committee did not take a formal vote and agreed to carry the item until staff returns with a current survey and legal options.
