January 16, 2009 – Waldorf Open Letter to Parents

(January 16, 2009) The Waldorf school of atlanta has begun to discuss the boundary dispute with its neighbors more openly. This is a positive move in our opinion.

We take this opportunity to continue public dialogue, using Waldorf’s Q & A as a guide (Waldorf has removed this content from their web site as of July 2010).

(Editor’s note: It has been suggested recently that we make every effort to emphasize the quotes we have taken from other people. Thus, we have emphasized the quotes. There is no other intention in doing this.)

 

The following is from this Waldorf Communication:

January 16, 2009

What would it look like to be in relationship with a neighbor? It would begin by meeting and having conversations before a particular reason existed. 

Agreed.

It is unfortunate.

This is not the way we prefer to discuss this matter.

However…

Communications to Waldorf concerning various issues over the years have been ignored by past administrations;

Waldorf did not first approach its neighbors before surveying their lands without a courtesy notice or indication of a potential problem;

Waldorf allowed its neighbors only one business day (three days total) to discuss its 2008 survey findings before making a legal motion in DeKalb County court, claiming portions of neighbors’ property;

Waldorf did not disclose to its neighbors that the school even made a legal filing, claiming portions of their property (via the Land Lot Line argument);

Discovery of the affidavit was only the result of issuing a terse demand letter to Waldorf counsel Rosemarie McConnell which she received via certified mail on July 3, 2008. Defending home owners had not even hired an attorney at this point;

Aside from Ms. McConnell, no other Waldorf School of Atlanta member chose to reply to our written letters of early July – letters written prior to obtaining representation, letters copied to the Waldorf School of Atlanta outoing and incoming administrators.

These things are unfortunate.

 

The following is from this Waldorf Communication:

January 16, 2009

In brief, the Waldorf School of Atlanta is not claiming to own more property or land than what we thought was purchased. 

Agreed. This statement is factually correct.

Waldorf is not claiming to own more than the 5.41 acres (in sum total between 821 Kirk and 827 Kirk) which the school thought it purchased in 2002 and 2004, and which it now finds that it cannot possibly own due to the long established land boundaries around the school.

Therefore, what Waldorf is now claiming, is that the POSITION AND PLACEMENT of its tract of land should not be in the same location as it purchased in 2001, 2002 and 2004.

In other words, since the sum total of land which the school thought it purchased cannot exist within the boundaries defined by deed, Waldorf is attempting to shift the boundary of entire tract of land to the east in order to create the sum total of 5.41 acres.

It is a distinction with a very LARGE difference.

We appreciate that Waldorf has now clarified that the confusion over neighboring boundaries is with its own property placement and its prior surveys (March 13, 2001 survey of 827 Kirk Road, revised on January 2, 2002).

As we have previously discussed, our boundaries have been consistently described since our homes were built and the land lot boundary has been consistently described for over 100 years.

We should also note that according to Waldorf’s deed, the legal description of its land, Waldorf does not have clear title to the land upon which the driveway of 827 Kirk Road resides.

 

The following is from this Waldorf Communication:

January 16, 2009

As some of you have said to me, it seems odd that surveys do not always agree with each other. However, survey discrepancies do occur for a multitude of reasons.

Agreed. This statement is also correct – surveys can disagree for a variety of reasons.

However, it is accepted practice in real estate for the two surveyors to physically meet and discuss why the two surveys conflict. This has not happened in this case and yet it should have happened prior to meeting with neighbors on June 28. Real estate attorneys and professionals are aware of this.

Further, while two surveys of the same deed may conflict, and the answer may be complex, allowing BOTH surveys to be viewed openly is a simple matter, and is the most open and most honest approach to solving possible disputes.

To this date, Waldorf refuses to allow its neighbors to examine the 2001, 2002 and 2004 surveys. (March 13, 2001 survey of 827 Kirk Road, revised on January 2, 2002; and December 6, 2004 survey for 821 Kirk Road).

Waldorf has legally prevented its past surveyors from discussing previous surveys with any third party without a court order.

 

The following is from this Waldorf Communication:

January 16, 2009

In my mind and my heart, clearing the title is not an easy task. It is asking that our property rights and relationship are valued.

It is unfortunate that property rights and relationship of the homes along Conway Road, bordering Waldorf’s eastern boundary, have not been valued.

Written communications from the school to neighbors indicated that any dispute of Waldorf’s new findings would be viewed as attacking the record of title of the Waldorf School.

Clearing Waldorf’s title IS a simple task.

First, simply retract the July 1 affidavit.

Second, solve the “mystery” of why the Waldorf property is positioned where it is positioned, and why it’s eastern boundary is exactly where current deed describes, by doing simple deed research.

If Waldorf requires legal remedies at a later time, that option will always be available to Waldorf under the law.

The boundary issue is not complex, nor were there any complexities listed in the July 1 affidavit.

We do agree however, that explaining the issue to the average person is no easy task.

 

The following is from this Waldorf Communication:

January 16, 2009

The most recent survey (May- July 2008) was for 821 and 827 Kirk Rd and the adjacent Conway Road properties, the total property owned by WSA.

The 2008 survey was for 821 and 827 Kirk Road, and the adjacent Conway Road property, as well as: all private properties along Conway Road which adjoin Waldorf’s eastern border; all private properties along East Mckinnon road which border Waldorf’s southern boundary; all private properties along Oldfield Road which border Waldorf’s western boundary; all private properties along Kirk Road to the west of Waldorf’s property. The survey also included Columbia Theological Seminary property upon which Our House and Columbia Presbyterian Church reside.

In addtion, the spring 2008 actions included a title search of homes surrounding the Waldorf property.

Examination of historical deeds was apparently limited to only the previous owner of each property and should have been more thorough.

 

The following is from this Waldorf Communication:

January 16, 2009

The 2002 and 2004 surveys (March 13, 2001 survey of 827 Kirk Road, revised on January 2, 2002; and December 6, 2004 survey for 821 Kirk Road) did not raise any concerns about the location of the boundaries of the WSA property and the adjoining properties.

The 2002 survey of 827 Kirk Road (March 13, 2001 survey of 827 Kirk Road, revised on January 2, 2002), by virtue of its positioning of Waldorf’s eastern boundary at 400 feet from the corner of South Columbia and Kirk Road (which is correct according to the legal description of the property 2002 WSA Deed of Assent and 2002 WSA Limited Warranty Deed), had to indicate that the driveway to Waldorf’s property was not within its property lines.

We feel that was reason enough to question the survey when drafted in 2002 (March 13, 2001 survey of 827 Kirk Road, revised on January 2, 2002). However, since this survey is not available for review, we cannot be sure that the survey correctly illustrated this issue. Perhaps Waldorf will make this survey available for examination in the near future.

 

The following is from this Waldorf Communication:

January 16, 2009

Why was the survey commissioned in 2008? To support Our House’s expansion, WSA granted temporary access easements for Our House’s construction vehicles and permanent storm drainage easements.

During the meeting of June 28, neighbors specifically asked why a new survey was commissioned.

Specifically, we asked if the construction at “Our House” raised flags with the Waldorf property. Waldorf counsel and outgoing administrator replied in the negative.

Specifically, Waldorf members present at this meeting on June 28, stated that one reason for a new survey, is that neighbors had erected “new fences” which Waldorf teachers had brought to the attention of the administration. Another reason provided was that the school simply wanted all of its lands on one survey.

Only one neighbor erected a fence or made any change whatsoever to physical boundaries on the ground, prior to the meeting of June 28. That neighbor was and continues to be a Waldorf parent. Such matters can be settled without survey.

 

The following is from this Waldorf Communication:

January 16, 2009

Rose found that she could not envision how the various properties (the Church’s property, the WSA property and the WSA Conway property) actually fit together based upon the information that was then available.

Waldorf School of Atlanta counsel Ms. (Rose) McConnell, is signatory witness to the 2002 purchase of 827 Kirk Road and the 2004 purchase of 821 Kirk Road.

If she could no longer envision her previously approved survey and purchase, perhaps a better examination of deed history would have alleviated her misplaced concerns.

Ms. McConnell did not apparently have a problem envisioning how these various lands fit in 2002 and again in 2004, nor in February of 2008 when a new mortgage was obtained for 821 Kirk and 827 Kirk.

The Waldorf School of Atlanta presented to the City of Decatur Planning Commission on October 4, 2001, a clear understanding of the land to be used for the development of the school. The written record clearly acknowledges the existence of Willard Avenue between the Columbia Presbyterian Church and 827 Kirk Road. We encourage the reader to examine the following documents.

Page 1 of the 10/4/01 application for special use permit (Willard Avenue specified)…

…and subject property, Map A (Willard Avenue shown)

Please also examine the January 10, 2002 Executor’s Deed of Assent, (Dekalb County, GA deed book 12857, page 54 through 56), submitted with a Limited Warranty Deed (Dekalb County, GA deed book 12857, page 57 through 60) with the same legal description. The two documents constitute a portion of the vesting documents by which the Waldorf School of Atlanta took possession of 827 Kirk Road.

(What is an Executor’s Deed of Assent)
(What is a Limited Warranty Deed)

 

The following is from this Waldorf Communication:

January 16, 2009

The 2008 survey of the entire property done by Claude Brown of Registered Land Surveyors did show inconsistencies in the descriptions of WSA’s property and the descriptions of the property of some of WSA’s neighbors to the east, i.e. some of the homeowners on Conway Road.

There are no inconsistencies in the descriptions of the property deeds of any of the home owners on Conway Road involved in this dispute.

Some property owners along Conway Road do have broken title chains to pieces of land bordering the Waldorf School.

However, legal precedent is clear as to the right of these home owners to repair any breaks in their title chain and to their senior claim to the land. A simple break in title chain of this nature is not only common place but simply does not form the basis of any claim to the property by any third party.

This matter of repairing breaks in a title chain is illustrated by a simple analogy: If your car breaks down along the highway and you must walk a mile to a service outlet, strangers do not therefore gain a legal interest (ownership) in your car while you are gone. For those home owners who must repair their title chain, the law is crystal clear on this matter, such breaks do not entitle Waldorf or any third party to a legal interest in the land. Nor, can adverse possession be easily established, especially in this instance.

 

The following is from this Waldorf Communication:

January 16, 2009

It is this distance between this pin and the northeast corner of the 827 Kirk Road Property [the location of the School office] that has the 35-foot discrepancy and directly leads to the Willard Avenue discussion.

We quote from the legal property deed of 827 Kirk Road, (Dekalb County, Georgia, Deed Book 12857, page 59) (Note that over time, the names of the roads has flipped between Kirk and Seminary; and Flat Shoals and South Columbia.):

Beginning at a stake on the southeast side of Seminary Drive (Kirk Road) which point is located on the Land Lot Line between Land Lots 215 and 216 of the 15th District of Dekalb Cunty, Georgia, said point being 400 feet west from the corner of Flat Shoals Road (South Columbia) and said Seminary Drive (Kirk Road)…,

Legal deed prescribes the starting point of the Waldorf property as 400 feet from the corner of Kirk and South Columbia. That the location of the land is not where the school would prefer is not an issue we can address. But the legal description of the land is quite clear.

This legal description is the same description used to survey the land in 2002 (March 13, 2001 survey of 827 Kirk Road, revised on January 2, 2002) and so any “discrepancy” would have been visible at that time.

While many reasons may be put forth as to why the 2008 Brown survey shifted the land 35 feet west of its legal position, it is a simple fact that surveys themselves do not change property deeds by virtue of being done. Rather, legal deeds are used to construct surveys – a drawing of the land on the ground as prescribed by deed.

The discussion of Willard Avenue is a discussion about land which clearly does not belong to the school, neither in deed, nor historically. Shifting the property on a survey provides no more of a valid claim than if your neighbor provided you with a survey showing his land to end in the middle of your living room.

Willard Avenue was a private road, never opened to the public or dedicated to the county. It was quit claimed to home owners along Conway Road starting in 1946 and is in the same land lot as the homes along Conway Road. Waldorf now claims that Willard Avenue never existed and that the land once known as Willard Avenue should belong to Waldorf as a way to compensate for it’s own land errors.

 

The following is from this Waldorf Communication:

January 16, 2009

No matter when the survey is done, the discrepancy is still there and needs to be resolved and we have been in the midst of attempting to resolve it.

We agree the discrepancy needs to be resolved.

However, according to the July 1 affidavit, Waldorf has claimed to solve this issue by relocating the historical Land Lot Line, while also claiming the line as their defining boundary.

Waldorf has not offered any proof of the actual location of the Land Lot Line. Surveyor Claude Brown confirmed on June 28, that no attempt was made to locate the Land Lot Line, rather he surveyed the Waldorf land in an effort to make the land fit the available space and then, inferred the location of the Land Lot Line. In addition, Waldorf has not noted any actual error in the legal description of their land.

The Waldorf School has not attempted to resolve the discrepancy with regard to the land in question.

The Waldorf School is in the midst of compensating for the error in their land by making a formal claim to our land.

(July 2010: For over two years, Waldorf has done NOTHING to attempt to resolve anything about this issue.)

 

The following is from this Waldorf Communication:

January 16, 2009

Contacting Mr. Ivey (Jr.), the son of the prior owner of the property on which Columbia Presbyterian Church and the Conway properties, was done as a methodical next step in a process of completing the updated survey and title work. It is also true WSA made an offer to Mr. Ivey for the discrepancy in the event that the land was not claimed.

… in the event that the land was not claimed. Thus, it was never part of the Waldorf property in the first place.

To state that the land may not have been claimed, and then to state on June 28, that the land could not exist are two distinct statements.

To attempt to obtain a quit claim for the land in question, prior to resolving the original problem is an act we will not forget.

Mr. Henry Ivey Sr. never owned the Columbia Theological Seminary property where the Columbia Presbyterian Church now resides. Since 1925, this referenced tract of land has been owned by the Columbia Theological Seminary and is still owned by the seminary today.

Mr. Henry Ivey Sr. did very specifially own the land referred to as Willard Avenue. A 35 foot wide dirt road which was created prior to 1925 was named “Levi Willard Avenue” in 1925.

Deed history is clear as to the placement and positioning of Willard Avenue in relation to the Columbia Theological Seminary property and properties to the west (present day Waldorf property at 827 and 821 Kirk Road).

Willard Avenue was a private road, never opened to the public or dedicated to the county. It was quit claimed to home owners along Conway Road starting in 1946 and is in the same land lot as the homes along Conway Road. Waldorf now claims that Willard Avenue never existed and that the land once known as Willard Avenue should belong to Waldorf as a way to compensate for it’s own land errors.

 

The following points are in response to Q & A, number 3:

The following is from this Waldorf Communication:

January 16, 2009

Yes. WSA has title insurance and we have reviewed our situation with the title company so they are fully apprised.

No doubt the school has title insurance. However title insurance with respect to survey is a different type of title insurance. We have no knowledge (affirmative or negative) of the school’s title insurance with respect to survey.

Should such title insurance with respect to survey exist, one should also inquire as to the title insurance’s ability to cover survey changes. In short – does Waldorf have protection for errors in survey and will such insurance defend the new survey?

(July 2010: It is clear now that Waldorf’s title insurance company is NOT defending the school in this matter. However, the school has retained two legal firms to fight this issue. One firm is provided by the Waldorf’s board insurance on behalf of Philip Verre, the other firm is on retainer for the Waldorf School in defense of this issue.)

 

The following points are in response to Q & A, number 4:

The following is from this Waldorf Communication:

January 16, 2009

We have asked our neighbors and the lawyer representing a group of these neighbors to help in finding resolution without bringing lawsuits.

Our answer:

Resolution of this matter can begin by first retracting the July 1 affidavit.

Such action requires only one business day.

You’re welcome!

The school will always have a right to further filings under the law at any time. No one can deny the school that right.

 

The following points are in response to Q & A, number 5:

The following is from this Waldorf Communication:

January 16, 2009

The meeting was viewed by WSA as the initiation of a dialogue.

The meeting was also viewed by Conway Road property owners as the start of a dialogue as well.

Three days later (one business day), on July 1, Waldorf made a formal filing to claim the disputed land.

Clearly, it was not the start of a dialogue.

 

The following is from this Waldorf Communication:

January 16, 2009

What was intended to be informative and to initiate a conversation came to be seen as a legal event.

The June 28, 2008 meeting was a legal event – although we were not aware that it was a legal event until three days later. During the meeting, Waldorf’s counsel on retainer was present, active and leading the meeting as well as marking up the Brown survey.

If you have dinner with your neighbor to discuss the location of your fences and learn 90 minutes into dinner that your neighbor’s dinner companion is also his real estate attorney investigating the matter and guiding your neighbor in the discussion, your neighbor has just made dinner a legal event.

The June 28 meeting was a legal event.

The July 1 affidavit was a legal event.

 

The following is from this Waldorf Communication:

January 16, 2009

Entire paragraph From our perspective… negotiating a resolution via their lawyer.

From our perspective:

An unknown peson began surveying our entire neighborhood. The surveyor’s employer said nothing.

Waldorf called a meeting and claimed that a portion of the land on our deeds never physically existed and that the area in question is actually part of the Waldorf property.

After the meeting, we sent letters to the school attorney as well as the outgoing and incoming administrators on June 30, July 2, (received by the school via certified mail on July 3) and July 7.

You may examine our communications using the links provided, top and left of this page.

To be fair, Ms. McConnell expressed a desire for futher discussion with only one home owner (1185) because she views this home owners’ claim as the most legally solid claim.

However, other replies from Ms. McConnell clearly indicated the dispute was not up for discussion and that any counter claim would be seen as attacking the record of title of the Waldorf School.

You may examine Ms. McConnell’s communications on behalf of the school using the links provided, top and left of this page.

After a written demand of July 2 (received by the school via certified mail on July 3), Ms. McConnell supplied us with a copy of the July 1 affidavit, on the afternoon of July 7.

We then contracted with an attorney on July 9, 2008.

As for any complaints about the timeliness of communication from our representation, we believe our communication has been clear as to the first step in resolving this dispute, and the time it would take for our representation to research the matter fully. We feel our representation has kept his word in every communication to the school.

Where timeliness is concerned, we note that Waldorf supplied us with one business day to make any counter claims to their survey before filing a legal motion on July 1, 2008. Contrast this with the year (apx.) that Waldorf took to prepare their argument, survey the neighborhood and present their case. To demand that we act on Waldorf’s timeline is impolite in such a matter. Waldorf School of Atlanta could have used the previous six months to double check their research.

 

The following is from this Waldorf Communication:

January 16, 2009

As of this past week [January 7], certain of our neighbors (as we are aware of several of the neighbors who are not participants) have launched websites attacking our school for not being neighborly and talking to them about the problem.

Of seven affected homes, three homes are not party to our defense. Of those three homes, one is supportive of our efforts and has indicated their desire to retain their land. The other two home owners are Waldorf families.

As Waldorf is aware of the two neighbors who are not participants and who are also Waldorf families, we must inquire as to what efforts the school has made to discuss this matter with those two neighbors prior to the formal publication of this web site on January 7, 2009. We can appreciate any action taken since January 7, 2009, but we are unaware of any action taken proir to January 7, 2009.

 

The following is from this Waldorf Communication:

January 16, 2009

Is it true that the school “Commit[ed] before the City (Decatur) Board of Commissioners to adhere to certain conditions – such as a 25 undisturbed land and then blatantly violated the agreement?

One condition stipulates that we maintain a 25 ft. landscape buffer (this buffer is not required to be “undisturbed” – i.e. left in its natural state – although it could be)

We’re not sure why this matter is addressed in this letter.

However, a section of the Waldorf property currently has no vegetative buffer of any kind and has been without this buffer for an unusually long period of time. Whether the buffer should remain in its natural state or not, the idea that the school can remove this buffer for a period of years only to re-establish it once it builds a permanent structure violates the spirit of this agreement, if not the actual agreement.

City of Decatur Planning Commission Meeting from October 7, 2004 (MS Word Document). Please note: In response to a question from Mr. Hendrick, Mr. Van Duys stated that the new plan would maintain the setbacks, landscape buffers, and greenspace requirements from the approved plan. The approved plan is from 2001.

As of July 2010, after a follow up meeting with the City of Decatur in July of 2009, the area between the Waldorf School of Atlanta and home owners along Conway Road is still marked by cleared sections with no vegetative buffer. Waldorf continues to remove vegetation and trees.

As of August 2013, Waldorf has continued to clear a large section of the buffer zone and continues to argue in new and creative ways what is or is not a buffer and wether or not they should have to comply with the spirit of the zoning ordinance.