Valdosta, GA asked in Real Estate Law for Georgia

Q: I am in lowndes county Georgia which is Valdosta I went to the clerk of the courts the Superior Court to file and record

An affidavit for an adverse possession on the property the people at the clerk's office the court clerk of lowndes county Georgia told me that I had to be an attorney or have an attorney with me present to file this affidavit and I believe that is wrong and it's my understanding that the clerk's office Court clerk's office it's not to give any advice or information they are just there to record what you're there to have recorded could you please let me know the answer to this and if they were wrong for not letting me file that affidavit what can I do about it what action can I take against the clerk's office the clerk of the court for not allowing me to file affidavit?

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: If you are claiming title by adverse possession, then you will need an attorney to make an effective claim. It is difficult and is usually a defense to an action for possession or title, not filing an affidavit. You may need a deed as a color of title recorded, not what you are trying to file. Suing the clerk would be expensive and a sure loss.

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