Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Real Estate Law Questions & Answers
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
PREMIUM
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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
PREMIUM
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
PREMIUM
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

View More Answers

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

View More Answers

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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

View More Answers

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

1 Answer | Asked in Estate Planning, Landlord - Tenant, Real Estate Law and Probate for Georgia on
Q: Is it possible to evict an estate?

I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior... View More

James Clifton
PREMIUM
James Clifton
answered on Aug 5, 2023

If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed... View More

1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for Georgia on
Q: Do I need a permit for a 50' antenna tower?

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.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Real Estate Law and Collections for Georgia on
Q: Attorney Lienholder who does not reply to request for lien payoff letter. Is there an alternative for removing liens?

I have a rental house under contract to sell, with closing schedule in a couple of weeks. The house has several judgement liens (Fi-Fa) that must be cleared up. Two different attorneys hold the liens. The closing attorney was authorized to do so and has asked both attorneys to provide a... View More

James Clifton
PREMIUM
James Clifton
answered on Aug 1, 2023

As an attorney who handles closing, I understand your frustration. Sometimes the attorney who filed the lien no longer represents the creditor. Sometimes the law firm no longer exists. Sometimes the creditor no longer exists or has died. There are a lot of reasons why it would take a few weeks to... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Elder Law for Georgia on
Q: Can someone us a specific power of attorney to convince notary person to that they have power of attorney over their par

Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2023

If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.