Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
Some units have private fenced back yards. Would that area be granted by the HOA, or listed on the deed , or are those units using common area as their private yards? They were built 50 years ago. We are condos so homeowners do not own the land.
Do both criteria need to be met—being a non-U.S. citizen or legal resident and being an agent of a foreign government designated as a foreign adversary—to be considered a "nonresident alien"?
Therefore, can a non-U.S. citizen (or legal resident) with no links to the designated... View More 
Our HOA board is having a meeting to amend land use regulations. They say that it takes 100% vote to change. they reason it takes that percentage due to the Charter Club v. Walker case law. Is this correct?
Found out the land when purchased by owner did not go thru the proper channel for getting clear title. Can I file and receive a BONDED TITLE? Or what are my options
answered on Aug 29, 2024
In your situation, a bonded title may not be the appropriate solution since it's generally used for vehicles. For real estate, resolving the title issue typically requires going through a process called a "quiet title action" in court. This legal procedure is used to establish... View More
The back yards are wooded and on slight incline. They also dug out a foundation and start building another house. They dug right next to the tree that fell on my house which softened the dirt and killed some roots.
answered on Jul 13, 2024
Additional information is required in order to provide a complete response. Is the tree located on your property or your neighbors? What is the extent of the damage to your home? Are you sure the fallen tree was caused by the activity of your neighbors? I would recommend speaking with an... View More
Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More
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answered on Apr 17, 2024
If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?
Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.
answered on Mar 26, 2024
The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More
The roosters crow all day and night and are very audible inside my home. The county says it is agricultural land and there was nothing they could do. I would expect to have reasonable peace and quiet on my property. My wife works from home which is impossible now. I don’t mind hearing crowing... View More
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answered on Jan 3, 2024
In Georgia, the use of the neighboring property for agricultural purposes, such as keeping roosters, may be protected under agricultural zoning regulations. Despite the noise disturbance caused by the roosters, local authorities have indicated that there may be limited actions they can take due to... View More
answered on Dec 21, 2023
If there was no will, all property of the deceased should be sold and the proceeds divided among the heirs according to law. No heir has rights to property at a higher priority than any other heir. Schedule a free consultation to make sure your rights are protected.
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answered on Dec 19, 2023
Yes, it is possible to overturn a lawsuit judgment in Georgia, but the process involves specific legal procedures. To challenge a judgment, you typically need to file a motion with the court within a certain timeframe, presenting valid legal reasons for the request, such as new evidence or errors... View More
My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide... View More
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answered on Nov 7, 2023
Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as... View More
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answered on Sep 29, 2023
The laws concerning abandoned property vary by jurisdiction, but you may need to go through a legal process to remove the camper. Generally, this involves notifying the owner and giving them a certain amount of time to remove it before you can take action. Failure to follow the proper procedures... View More
I'm in Grovetown, I want to put up a 50-foot tower in my yard for a CB antenna. Do I need a permit, If so how to get it? My yard is 2 acres, there's a neighborhood wrapping around one corner, one side has a street, and the other side is a house with a few acres. plz help and thx.
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answered on Aug 3, 2023
In Georgia, the requirements for permits for antenna towers may vary depending on the local zoning and building regulations in your specific area, such as Grovetown. Typically, the need for a permit may be determined by the height of the tower and other local regulations.
Does this affect my loan with the Lender? Is there a responsibility to discuss this with my Lender?
answered on Jul 22, 2023
Later changes to the investor ownership percentage in a condo do not affect a previously issued mortgage. You have no duty to report this to the lender. It may, however, affect your ability to refinance if the condo does not meet lender underwriting requirements.
I have lived here for 42 years and have maintained the yard. Neighbor says they surveyed, and part of my yard is their property. Is there anything I can do?
answered on Jun 8, 2023
In order to prevail, you would need to assert a claim for adverse possession. Adverse possession requires a lawsuit showing that your possession of your neighbors property was adverse, notorious, open, continuous, hostile, and exclusive and has occurred for the last 20 years. Many of those... View More
I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.
answered on Jun 1, 2023
The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... View More
My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?
answered on Jun 1, 2023
Based on the facts provided, there may be multiple causes of action that would give rise to damages. The amount of damages would be dependent on many factors, including any devaluation of the property. I recommend that you consult with an attorney experienced real property litigation.
At auction due to a death and the property to be considered unclaimed
answered on May 9, 2023
Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... View More
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answered on Mar 22, 2023
Hire a GA attorney to search both titles for an Easement. Photos of ROW use are necessary. Any witnesses to your use are relevant. Your predecessor in title may have also used the same ROW, and his testimony will be critical. Neighbors' Statements Against Their Own Interests can be... View More
answered on Feb 28, 2023
A property owner may not divert water onto the property of another in a way that causes damage to the property receiving the excess water. Doing so is considered a nuisance and is actionable.
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