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Georgia Real Estate Law Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Glenn M. Lyon
Glenn M. Lyon answered on Oct 14, 2021

Not unless the lease requires it.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: All the deacons who signed the deed to the Church that I attend has passed away. Can we add other members to the deed?

I am the clerk of Zion Hill Baptist Church, located in Georgia. Back in February 2021, the pastor, who lives in Alabama, called the Superior Court clerk's office, in Ga., and asked that a copy of the deed be mailed to him in Alabama. There are only (2) living deacons left in our church, but... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

A Church Deacon is not an entity that can own real property. Trustees of the Church usually own it. Even if the present Deed uses that term for the grantees, it is incorrect.

The Church's Deacons can also be Trustees with legal ownership but for the equitable benefit of the Church...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: Verbal agreements and real estate. Was buying a house from my family. Was already in the process for the loan

Two weeks after applying for the loan and they got a better offer and now kicking us out

Michael D. Birchmore
Michael D. Birchmore answered on Oct 13, 2021

Contracts for the sale of land MUST be in writing before they are enforceable. (Research Statute of Frauds). This is just one of the reasons they might be allowed to do what they do and/or have done.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a resident of Georgia remove the stakes (not pegs) placed by a licensed survey company?

Neighbor doesn't like the results of my survey and has removed the stakes on numerous occasions.

Michael D. Birchmore
Michael D. Birchmore answered on Oct 1, 2021

No. GA law actually lists this action as a criminal act.

§ 44-1-15. Removal or destruction of survey monuments prohibited; exceptions; penalties

(a) As used in this Code section, the term:

(1) deleted by attorney as not relevant...

(2) "Property corner...
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2 Answers | Asked in Real Estate Law for Georgia on
Q: I own a property jointly with my brother. He is refusing to pay half the property taxes. What do I do?
Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2021

You might consider an action for a Sale For Partition.

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1 Answer | Asked in Construction Law and Real Estate Law for Georgia on
Q: what should i do if a contractor place a lien on my home?

i do owe the money but i have two problem the contractor damage over 20k of my furniture and the Mortgage company is hold the final payment because of 3500.00 they are billing for work not done.

Michael D. Birchmore
Michael D. Birchmore answered on Sep 13, 2021

For you to get anywhere you want to be, you are going to need an attorney. Mention the term "Materialman's Lien."

1 Answer | Asked in Real Estate Law for Georgia on
Q: Kids want to sell family home. 5 out of 7 on the deed, the deceased parent needs to be removed. What is the $ in GA
Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

What do you mean by "What is the $ in GA?"

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hello, Is it illegal to take photos or video of animals in a pasture from my land? Thank you!
Michael D. Birchmore
Michael D. Birchmore answered on Sep 6, 2021

I cannot think of a reason why it would be illegal. You would not want to trespass of course.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Securities Law for Georgia on
Q: I have a levy on my house in Georgia by a person I have never entered into a contract with. Can I file a restraining

To prevent anymore interference on his part to make him stop interfering in my contract that he has already made a mess of. He was told in Dec2020 that he is not part of our real estate contract and not to attempt to speak on our buyers behalf. I do not know this person and he has now levied my... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 5, 2021

Restraining him won't resolve the lien. Meet with an attorney to discuss the actual situation and allow the attorney to ask questions. Only in this way will you find a way through your problems.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Does property left to "heirs of the heir" NEED to be held jointly?

"Heir" is deceased. Family decided widow is not a legal heir, so descended to children. Family insists property MUST be held jointly, giving control to one child, avoiding any input from other heir.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 4, 2021

First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a builder place a road 10' from your back property line thus sandwiching your home between 2 roads?

I am asking this because other than an alley, I don't recall ever seeing it.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

Obviously we cannot provide a reliable response here. In order to know enough to be sure, land deeds and surveys will need to be reviewed. Easement law also needs to be mentioned. I am unaware of a law that would prevent this under your given facts. You should meet with an attorney with... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a minority landowner in Georgia(1/3 ownership), compel the majority owner to either sell or offer a fair market val?

value? This was an inherited property , and the principal owner is not forthcoming about location, value , etc. The 1/3rd is owned by my mother's estate, of which I share with 2 siblings. My sister is the executor of the estate.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

Listen carefully. This is tricky stuff. Meet with and attorney who practices real property (real estate) law. Mention the term "partitioning." Please do not do this without legal counsel. Make an error here and it might not be fixable.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Where can I find information about diverting or increasing water flow onto another property causing it to flood in GA?

My property has become a flood plain due to "neighbors" above me paving parking lots and diverting and increasing the water flow onto my property causing damage to my property and causing it and other properties below mine to flood during heavy rains.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

You need to meet with competent legal counsel now. Not later. You want to mitigate the damage as much as possible.

When you meet with the attorney, tell him/her that you need assistance with a "nuisance" to your property. Mention the encroachment of the water and its origin...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: I'm looking for a real estate lawyer that is well versed with owner financing agreement.

Good afternoon,

I'm looking for a real estate lawyer that is well versed with owner financing agreement and how it would convey title from the seller to myself. He/she would read and interpret the contract that was furnished by the seller and determine if it is legally binding and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 25, 2021

Very sorry, but we are not allowed to solicit work on the website. You may find reputable representation on the website's "Find a Lawyer" page.

2 Answers | Asked in Child Custody, Family Law and Real Estate Law for Georgia on
Q: I Divorced my wife in Alabama. We have joint custody. She moved to Atlanta without required notice.

I don’t know where they reside nor can I talk to them. They sneak to call me. Do I need an attorney to file an objection and can I file in Alabama without an Attorney?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 24, 2021

If you live in Alabama, you need to hire an Alabama attorney.

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2 Answers | Asked in Estate Planning, Real Estate Law and Insurance Defense for Georgia on
Q: Can a Remainderman purchase their own dwelling homeowner insurance policy to cover and protect interest

Life estate tenant has own homeowner dwelling policy, listed as insured full dwelling coverage on home and property, but remainder men are not covered at all. Is it legal that we can purchase our own policy to protect our interest?

Anthony M. Avery
Anthony M. Avery answered on Aug 23, 2021

There is nothing illegal about the remaindermen being insured for property loss. But you will have to carefully find a willing insurance company that will inure a dwelling in which there is an occupany that is not the insured. When you get the policy, read it.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Is a lease agreement considered terminated if a new tenant moved in and begins paying rent?

A landlord gave me written permission to leave my lease early. After I told her the date that I wanted to leave she said I would only have to pay rent if a new tenant did not move in. The landlord successfully found a new person to move in and they did so two days after I moved out. The landlord... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 20, 2021

The answer should be contained in the language of the lease itself. Look to the lease. It will be interpreted literally.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: I rent commercial property, and I would like to know where I can take my rent money to be held until repairs are made.

the air conditioner is not working I have tried to have it fix but it is not a minor repair, this the landlord should have repaired but he doesn't want to talk about it. And I'm afraid that if I keep paying him he will not fix it. and if I do not pay he will threaten to evict me and kick... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 20, 2021

It sounds like you are in a business arrangement. I have always advised folks that if they are going to be in business, then BE in business. By this I mean that what you are doing here is a business matter. Because this situation involves too many moving parts, it cannot be adequately addressed... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am looking for an attorney that will represent a homeowner that specializes in interpreting HOA Documents.

HOA documents are dated. The Developer turned this community over to the HOA in 2005. the documents say that a home must be completed in 12 months or less. That would be impossible to do in normal times and certainly now that we are dealing with so many delays. Also, HOA says no fences and they... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

You should hustle now and sit down with an attorney who litigate real property (land) issues. You will not get a quick answer. First, the attorney is going to have to scour the county deed/land records before he/she will even know what is and isn't allowed. Don't wait. Run quickly to... Read more »

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