In June of 2008, a determination was made by Waldorf School of Atlanta that the legal description of the Waldorf School of Atlanta property located at 821 and 827 Kirk Road, conflicts with the actual land on the ground. The land which the Waldorf School of Atlanta should own according to their 2002 purchase, does not fit the available land. The main property held by the Waldorf School of Atlanta is the property we will deal with on this page.
The Waldorf School of Atlanta purchased 827 Kirk Road in 2002, witnessed by Waldorf School of Atlanta attorney, Rosemarie McConnell. At that time, a survey was conducted prior to purchase. Evidently the school felt the survey was correct even though there were issues which should have raised concerns at the time. It is not possible to comment on this survey as the school refuses to disclose or discuss the survey.
In the spring months of 2008, Waldorf School of Atlanta decided to obtain a new survey for their property. This new survey places the 5.41 acre Waldorf property 35 feet east of its purchased location and Waldorf School of Atlanta now claims a portion of land belonging to each of seven home owners to the east, should belong to the Waldorf School of Atlanta.
The 2008 survey was not just “any old survey.” There was no impending construction or refinancing taking place (in fact, the school had just refinanced four months prior to this survey) and the school claims that any building phase is 5 to 10 years away. This survey was a survey of all lands in the neighborhood (a “closing” survey), not just Waldorf’s land. At the time of this survey the school also ran title searches on all the adjoining homes. There was great effort and expense taken in drafting this survey for the purpose of later crafting an argument.
Waldorf School of Atlanta has filed an affidavit in Dekalb County which has placed a cloud (legal term) on the titles of the properties located at 1155, 1161, 1165, 1169, 1177, 1185 and 1191 Conway Road. This action makes it difficult to impossible for any affected home owner to sell their home and could affect new financing.
Specifically, the claim by the Waldorf School of Atlanta states that the location of the historical land lot line between land lots 215 and 216 (which lies on the eastern boundary of 827 Kirk Road) is described in error throughout history.
Land lot lines are the lines of a grid used to divide land in the state of Georgia for later assignment by lottery. Land lots 215 and 216 were surveyed for the lottery in 1821. Land lot lines are not property boundaries except in very rare cases and this is not one of those cases. While a land lot line may be in the same location as a property boundary, the land lot line is not the property boundary unless very specific criteria are met. Again, this is not one of those cases. Land lot lines often run through properties, and even buildings, bodies of water, etc. A land lot line is not the same as a property boundary. Further all historical evidence indicates that the land lot line location is not in error and in fact is exactly where it has been stated to be – 400 feet from the intersection of Kirk Road and South Columbia Drive.
Out of the seven affected home owners along Conway Road, two are Waldorf School of Atlanta families; four home owners have banded together to dispute Waldorf School of Atlanta’s claims (1161, 1169, 1177, 1185); and the seventh home owner is supportive of this approach.
Damages and fair compensation will be sought from the Waldorf School of Atlanta when this matter is concluded. This web site offers detail about this dispute as well as options you as a Waldorf School of Atlanta community member may pursue to resolve this matter.