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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Georgia on
Q: We've been in a rent to own house for about 6-7 months now, we got it as is and the landlord lied about what was needed.

Now we have ran into leaking pipes, he won't pay for it to be fixed, the wood is rotted in my kids bedroom from water damage. He said he self insures, and he won't fix water damage even though the floor could fall through. He said it covers if the house catches fire or a tornado blows it... View More

Anthony M. Avery
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answered on Nov 27, 2023

You own nothing but a lease with an option. You might want to move unless the owner will give you a deed in exchange for a note secured by a mortgage. Usually renters are evicted and all monies paid in are forfeited.

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Real Estate Law and Municipal Law for Georgia on
Q: What are the rules of property boundaries in the city of Rincon and state of georgia?

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

James L. Arrasmith
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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

1 Answer | Asked in Real Estate Law for Georgia on
Q: In Georgia, if I put or build a hut/house on someone's land then who legally owns the hut/house?

The land owner is trying to evict me from my hut/house that I put/built on their land with their permission

Anthony M. Avery
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answered on Nov 1, 2023

The titled owner owns the improved real property. A GA attorney might file suit for unjust enrichment but it will be a difficult case.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I’ve purchased a home and I have mortgage. Can I sell some of land ?
James Clifton
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James Clifton
answered on Oct 23, 2023

Yes. However, your lender will likely require a survey and appraisal before issuing a partial release of the property to be sold.

1 Answer | Asked in Criminal Law and Real Estate Law for Georgia on
Q: if i file a notice to quit in georgia how much time before i can file for an eviction
James Clifton
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James Clifton
answered on Oct 19, 2023

Unless your lease provides otherwise, you can file the eviction immediately after issuing the demand for possession/notice to quit. Some leases contain a 3 or 7-day notice provision prior to initiating the eviction.

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Small Claims for Georgia on
Q: Does hoa has power to enroll non-member to new trash service?

Willow point neighborhood at Cobb county Georgia

T. Augustus Claus
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answered on Oct 17, 2023

No, a homeowners association (HOA) does not have the power to enroll non-members in a new trash service in Willow Point Neighborhood, Cobb County, Georgia. Under Georgia law, HOAs are limited in their ability to control the behavior of non-members. HOAs can only enforce their covenants, conditions,... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Husband passed away owning royalty rights in LA. Rights were devised to me. How do I get them changed into my name?
James Clifton
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James Clifton
answered on Oct 15, 2023

Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a Condominium Homeowners Association fine a resident for an action of that resident off of the residential property?
T. Augustus Claus
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answered on Oct 11, 2023

In Georgia, the powers and rights of a Condominium Homeowners Association (HOA) are primarily determined by its governing documents, which typically include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and other rules and regulations. Generally, the HOA has the... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have a sellers agreement and my house is not selling so we decided while it’s still on the market to rent it out for a

Few months and my realtor said she didn’t give us permission to rent and we owe her commission but she didn’t check the 4D box with any amount? Can I rent my home

James Clifton
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James Clifton
answered on Oct 12, 2023

If your agreement is the Georgia Association of Realtors Exclusive Seller Brokerage Engagement Agreement, you can unilaterally terminate the listing and rent to someone else without owing commission if Section 4D is not filled out. Be careful about relisting and selling the property during the... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for Georgia on
Q: What can I do if someone left a camper on my property over a year ago. Can I remove it from my property without any lega
T. Augustus Claus
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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

1 Answer | Asked in Real Estate Law for Georgia on
Q: Urgent , looking to hire. How can i get my Condo back? Currently under my daughter name, i paid for it.

when my daughter moved to the USA few years ago to study i sent her money to buy an Condo so she has a place to live. For years i asked to be added to the title which she always found ways to avoid . Now after many arguments she is saying being "willing" to sign whatever document i bring... View More

James Clifton
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James Clifton
answered on Sep 27, 2023

There are a lot of things to take into consideration. First is the authority to sell. If she is the only person on title, she will need to assign you power of attorney to sell on her behalf. She could also transfer the property to you through a deed. Second, there may be additional taxes if either... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: I need help to make since of a will.

I have my papa's will and I'm trying to understand it.

Anthony M. Avery
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answered on Sep 25, 2023

You will have to consult with a GA attorney. Whether the Will was Probated or not is important.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Where can I get just a barement done?

I purchased, a taxed lien land I need the tittle but i want is a barament done I got a tittle company to do the rest.

James Clifton
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James Clifton
answered on Sep 24, 2023

Most real estate attorneys can handle a barment. However, without also filing a suit to quiet title, you will not be able to pass marketable title to a purchaser of the property. Schedule a free consultation to ensure the barment is done correctly.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Georgia on
Q: Who has recent experience in Ga. Superior court re: HOA dispute
Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Georgia attorney could advise best, but your question remains open for a week. It looks like you're searching for an attorney. In addition to your own searches, there's a tab above - Find a Lawyer. There are also attorney referral sections at the websites of many state and local bar... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Georgia on
Q: how do I find a lawyer who has lots of recent HOA experience in the Georgia Superior Court in Atlanta?

My defendant has a seemingly well-experienced attorney on HOA law

James Clifton
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James Clifton
answered on Sep 19, 2023

You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that... View More

2 Answers | Asked in Real Estate Law for Georgia on
Q: How do I go about reclaiming real estate property that was sold at a tax auction, which is still in the redemption stage
James Clifton
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James Clifton
answered on Sep 18, 2023

You can contact the tax commissioner and/or sheriff's office in the county where the property is located and ask for the contact information for the purchaser who won the auction. You can also look in the public records for the tax sale deed which will have purchaser information from the sale.... View More

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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Georgia on
Q: If I have a mortgage on my property in Georgia, can I put the property in my trust's name?

The house has not been paid off as yet

Nina Whitehurst
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answered on Aug 16, 2023

Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.

The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether...
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3 Answers | Asked in Divorce and Real Estate Law for Georgia on
Q: Can I sell my house if my name only is on the deed and my husband is psychologically abusive and won't divorce me?

He had 2 strokes and is disabled but can be very mean. He tells me he will commit suicide if I leave him. I am trying to go move in with my adult daughter 1200 miles away but I need the funds from the house sale to help me start a new life. I lost both of my parents in the last year and am in... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 21, 2023

You should not dispose of any assets such as a home, prior to the filing of a divorce. If you want to be able to sell your home, you need to file for divorce and allow the court to determine whether the residence is separate property or marital property, which will allow you to sell, should the... View More

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1 Answer | Asked in Construction Law and Real Estate Law for Georgia on
Q: In relation to noise, are newly built multilevel apartments allowed to use only wood to construct floors?

According to DCA Codes specific requirements are specified to reduce noise. I am disabled and the subfloor does not have floors that reduce noise.

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. At this point, you could consider checking with architects or civil engineers, or department of buildings/department of design/or other personnel from applicable public agencies. Good luck

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