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Georgia Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Georgia on
Q: Can HOAs make charges to an account of former owner after the closing of former owner’s property?

Charges referred to in question are fines for violations occurring after HOA delivers final settlement information to closing attorney but before closing event where title is transferred and property is conveyed.

0 Answers | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Can you alter or relinquish rights to an easement after you list a house for sale?

My neighbors approached me about two months ago to request that I relinquish the rights to the easement that runs on their property, but they only just now prepared the documents after we've listed our house for sale. To complicate things, our utilities are buried underground through the... Read more »

0 Answers | Asked in Real Estate Law for Georgia on
Q: The owner of the property next to my family's cemetery keeps trying to restrict access to the easement oby posting a no

Trespassing sign on the dividng line of the property. I have a deed for this property, but this person keeps bothering anyone that visits our cemetery. What legal action can I take? Thanks

1 Answer | Asked in Real Estate Law for Georgia on
Q: Real Estate lawyer, taxes, deed, reverse Morage?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 9, 2022

What is your question?

0 Answers | Asked in Real Estate Law for Georgia on
Q: Hello, I am the Trustee of residential property ( 2 dwellings) is completely well-dependent. How do I obtain water right

Three wells have been dug. Last one was 1970s. 385 ft deep was last well dug. Remains in operation.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: My previous apartment complex will not give me or my new complex a ledger to prove I have no balance, what can I do?

I requested it about two weeks ago and have been following up consistently, every time I call there is another excuse. They say stuff like they’re going to send it so stop calling, they change up saying they can’t send it to me, they said have the new complex call and they did but received no... Read more »

0 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Georgia on
Q: What type of lawyer should I seek for a negligent kitchen remodeling company. The kicker is the owner is my neighbor.

We are 2 months into our kitchen remodel and every single aspect has had to be micro managed by me and my husband due the lack of knowledge, organization and incompetence of the project manager. The owner who is also our neighbor, lives 6 doors down has not been in our home in 45 days. We have had... Read more »

0 Answers | Asked in Real Estate Law for Georgia on
Q: Would a contract be considered binding if the Seller doesn't initial a strike out that was apart of the contract?

Although everything was signed and initialed except for one area that wasn't, we binded the contract not realizing that the initial was left out. It was initialed days later. So when will the binding agreement start when we binded the contract or when the Seller initialed the contract which... Read more »

0 Answers | Asked in Real Estate Law for Georgia on
Q: How do I respond to an illegitimate HOA who put a lean on our house (state of Georgia)?

A neighbor calls himself the subdivision HOA and keeps harassing us for “HOA dues”. At purchase, we were never told that our subdivision has an HOA, we were never presented with HOA contracts/agreements/disclosures at closing nor ever. We never signed any agreements, contracts or consent... Read more »

0 Answers | Asked in Construction Law and Real Estate Law for Georgia on
Q: I am being threatened with a Lien. Contractor caulked some nail heads of asphalt roof October 16, 2021.

Contractor was asked to provide invoice and pictures so I could file warranty claim with Owens-Corning, he did not. He did not fix portion of roof and it continued to leak causing further damage to ceiling and would not come back and fix it. On June 29, 2022 he put an Extra Work Order (without... Read more »

0 Answers | Asked in Real Estate Law for Georgia on
Q: Neighbor lives above me allows children to run and jump after hours, several complaints and police calls, can I move?

Running and jumping after 10pm, contacted leasing office and police several times. I also spoke to the neighbor about the noise. Nothing has been done and I would like to see if I could get out of the lease. I've also had to place several maintenance request for things that should have been... Read more »

0 Answers | Asked in Real Estate Law for Georgia on
Q: Does O.C.G.A Section 44-14-13 mean that a cashiers check paid to a closing attorney can’t be used if costs exceed $5000?

This is for a home purchase closing in Georgia. I want to use a cashiers check for closing costs but I am being told that this law means I can only pay via wire transfer since closing costs are over $5000 however I don’t see that anywhere in the actual code. It seems to state that personal checks... Read more »

0 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Business Law for Georgia on
Q: What's the best way to purchase a dissolved company that has a property heading to foreclosure.

Located a property owner that is tied to a company that has dissolved. The agent/owner is not interested in the property and is willing to let it go to auction. From what I gather, I would need to step in as the owner of this property to secure an interest. I've never purchased a business and... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: If my mother dies and she named me in her will to receive her house, do I have to go through probate?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 7, 2022

Whether probate is necessary depends on how your mother has the house titled at her death.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I sell my home if I have federal and state tax leins more than the proceeds from the sell?

Plan on using the money to pay down the leins, but who gets paid first? State or IRS?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 5, 2022

That would not be a smart move unless the revenue officers are levying on other property such as bank accounts. You would be better off hiring a GA attorney to explain the applicable SOL's after a title search. Then make a decision on any type of conveyances subject to the liens.

1 Answer | Asked in Estate Planning, Real Estate Law and Adoption for Georgia on
Q: What's rights do an adopted child have when inheriting property after the adopting parent passes away?
Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If a child is legally adopted in Georgia, he or she will have rights to inherit from their parents the same as any child who is the biological child.

1 Answer | Asked in Real Estate Law, Estate Planning and Family Law for Georgia on
Q: Is the transfer of property after death, without a will, automatic for couple living in separate maintenance?

If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move... Read more »

Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 11, 2022

If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights... Read more »

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