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Georgia Land Use & Zoning Questions & Answers
1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Georgia on
Q: My dad and mother share a life estate and are divorced, but they are leaving their life estate to their 3 children. The

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

Anthony M. Avery
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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?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Georgia on
Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

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.

James Clifton
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James Clifton
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

1 Answer | Asked in Land Use & Zoning for Georgia on
Q: I have 10.7 acres that I am currently building a home on. My neighbor has 30 roosters right beside the property line.

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

T. Augustus Claus
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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

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Georgia on
Q: Is it possible to over turn a lawsuit judgement?
T. Augustus Claus
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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

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 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

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: My neighbor is wanting to move their fence in my backyard. They say they own part of my backyard.

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?

James Clifton
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James Clifton
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

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: My neighbor is wanting to move their fence in my backyard. They say they own part of my backyard.

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?

Anthony M. Avery
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answered on Jun 8, 2023

Start putting your witnesses together: attorney to search both titles; surveyor to survey only the common boundary; and persons with personal knowledge that you have mowed, cut timber, farmed, hunted, parked vehicles, etc. this part of your property for many years. If he puts fence on your... View More

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1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Georgia on
Q: I have a property in Georgia that went into bank foreclosure, it sold for significantly more than was owed.

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.

James Clifton
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James Clifton
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

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Georgia on
Q: Do you have a certain amount of time to buy back or reimburse someone after they bought property

At auction due to a death and the property to be considered unclaimed

Jennifer Pierce
Jennifer Pierce
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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: How do I prove I've been using a section of my neighbor's property to access my property for 7 years or more
Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Part of my neighbor's fence has been in my backyard. I now need it moved. He is ignoring me about this, what can I do?

His fence was partially in my yard when I bought the place 8 yrs. ago & he knows that. I did say anything to him at that time.

Anthony M. Avery
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answered on Feb 1, 2023

Hire a competent GA attorney now that conducts real property litigation. If you do not file suit for the Boundary Line Action, you will acquiesce to the present fence line which is physically ascertainable. Title to both properties should be searched for the common boundary. A surveyor may be... View More

1 Answer | Asked in Land Use & Zoning and Probate for Georgia on
Q: farmland in probate,no will. If agreement was to sale all cattle,but brother keep cattle. How is farmland vs other ,diff
James Clifton
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James Clifton
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.

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
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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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: What happens to my mortgage if Condo exceeds investor ownership % not to be exceeded as reported to Lender?

Does this affect my loan with the Lender? Is there a responsibility to discuss this with my Lender?

James Clifton
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James Clifton
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.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Georgia on
Q: My neighbor recently graded and cut trees down on my property. Do I need to file a civil suit

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?

Jennifer Pierce
Jennifer Pierce
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.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Litigation for Georgia on
Q: Neighbor has routed his water in my yard destroying my yard..ii have ask him to stop he states he can do that
James Clifton
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James Clifton
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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Can I sue my title company for failing to disclose litigation about my home being built on my neighbors land?
Anthony M. Avery
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answered on Oct 10, 2022

You need a competent GA attorney today. Title co will claim it does not represent you, so very weak causes of actions apply. Seller may be liable on covenants of title, but maybe not. Also someone should have looked at survey, and you do have some responsibility. You have bought a lawsuit.

1 Answer | Asked in Child Custody, Divorce, Land Use & Zoning and Criminal Law for Georgia on
Q: How do I go about getting my kids back. My house back and all the property my wife has damaged.

She is on prescription medication including methamphetamines. is charged with domestic violence with the band stating she’s not allowed on my property. Was back on my property and charged with assault and battery. abuse my children. Stolen broken my property. Filed for divorce

will... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Feb 23, 2022

It sounds as though there is a police record of this, since she was charged. You should consult with an attorney who can review the facts of the case in detail and present you with the options.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Do subdivision covenants and restrictions expire in a county with no zoning laws.

We are in Union county, outside the city limits of Blairsville. The subdivision covenants and restrictions were created 12/27/1990. There are 9 lots in the subdivision. 4 of which have homes on them. 3 lots just sold and are getting ready to be built on. One of the new owners claim the covenants... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jan 4, 2022

Your questions will be answered by through review(s) of the property's title chain(s). I suggest you call Cary Cox or the Davenport Firm or David Barrett to meet with as they are all familiar with these issues.

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