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Georgia Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: is it possible to sue your hoa president and hoa for improper enforcement?

Every time I want to do add an upgrade on my home there is a problem with a fine or letter in my mailbox. The neighborhood is not uniformed so why are you trying to fine me for adding upgrades to my home and telling me to demolish my beautiful upgrades or tear it down. Please I need help.

Michael D. Birchmore
Michael D. Birchmore answered on May 25, 2021

I agree that you will want legal representation before you tangle with an HOA. They are notoriously vicious and biased in the minds of many people. Be sure to speak with an attorney who works with land, title and HOA issues. It is a tough nut to go it on your own.

1 Answer | Asked in Land Use & Zoning for Georgia on
Q: Is fishing from a public road considered trespassing in the state of georgia. As long as it feet are on public land.

Was wondering if I came across a pond in georgia on a dirt road and started fishing is it treating passing fishing the private pond from a public roads

Michael D. Birchmore
Michael D. Birchmore answered on May 4, 2021

We cannot say without first reviewing the applicable land documents for the site. This could include deeds, plats of survey, affidavits, court filings, etc. If it helps, you should not assume that just because a pond is next to a road it means you have the right to fish it.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: I live on a 3. 5 acre island in a Georgia river. There is no deed, title. How do i obtain legal ownership?
Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2020

That island is probably part of a larger tract titled in someone, who is probably paying taxes on it. Hire a competent attorney to search the title. Accretion probably does not help here, although that or Avulsion may be be the reason for the island's existence. The title search should... Read more »

1 Answer | Asked in Land Use & Zoning, Consumer Law, Products Liability and Small Claims for Georgia on
Q: What does one do?I purchased 16 14kt yellow gold, ,detachable grill for 1,700 dollars, and its not real or 100% 14kt?
Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. As a general matter, the least costly route is usually to try to resolve the matter with the company's customer service. If that isn't possible, then you have a few options, such as hiring an attorney to... Read more »

1 Answer | Asked in Land Use & Zoning for Georgia on
Q: If a property is part of a estate can it be sold without the families permission

My sister seems to think she owns my moms house that my stepdad built. I'm being told that its part of an estate and can't be sold outside of the family.

Anthony M. Avery
Anthony M. Avery answered on Oct 21, 2020

Rarely would a "family" actually own real property. You probably need a competent attorney to conduct a title search and discern who has the title. Sometimes a probated Will devise will place the land in the Estate, but then it would order the executor to sell it and distribute the net... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Just found out my house was built across a property line some 30+ years ago. Owner of encroached land shows no concern.

I want to sell my house. Encroached land is my front yard (extensive improvements). Can I legally annex this 1/2 acre strip to sell my house?

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

You may have a claim for adverse possession: https://statelaws.findlaw.com/georgia-law/georgia-adverse-possession-laws.html

1 Answer | Asked in Criminal Law and Land Use & Zoning for Georgia on
Q: Hi,my landlord is telling me i need to move due to knowing my husband has a past charge and there is another guy

Living in the same trailer park.I payed 1 months of rent and tells me that i need to move. I pay $672 a month. I gave them $1100 to move in. They knew he had the charge and he is on the lease.

Ecleynne Mercy
Ecleynne Mercy answered on Feb 24, 2020

Hey there must be a valid lease first to see what legal recourse you have.

1 Answer | Asked in Civil Litigation, Real Estate Law and Land Use & Zoning for Georgia on
Q: what is the law in rabun county for abandoned vehicles and houses on uncared for land?

@ 573 david drive this house is a nuisance and so is the vehicle parked at or in the right away for months now. just need some direction

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

The best practice in this case is to contact Code Enforcement.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Land Use & Zoning for Georgia on
Q: What type of lawyer is needed for zoning disputes?

I purchased a moblie home and placed it on my land after the city code enforcer approved for it to be placed there n 4 months later the say it cant br placed here and that it have to be move because they made a mistake even offered me a lil check to move it but not to cover my expenses and hook up

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

There are lawyers who specialize in land use & zoning matters. Additionally, experienced real estate lawyers could also be familiar with these issues. Good luck

Tim Akpinar

2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on
Q: My grandfather inherited a house and piece of land from my great grandmother after she passed.

Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Aug 17, 2019

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until...
Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Georgia on
Q: I purchased a property that wasn’t on a condem list now they won’t to condemn it do I have the right to repair
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

If you want to keep the property you had better contact the condemning authority and find out what you will have to do to bring the property back up to code, or whatever.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Land Use & Zoning for Georgia on
Q: In the state of Georgia, where and what exactly is defined as a “public space”?

It’s not as if everything is clearly marked “public space”, how do I know if a say, a parking lot is considered public or private property?

David Edward Boyle
David Edward Boyle answered on Sep 24, 2018

What code section are you referring to which uses the term "public space"?

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