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 
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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
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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
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?
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
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?
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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
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.
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
At auction due to a death and the property to be considered unclaimed
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
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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
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.
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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
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.
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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.
Does this affect my loan with the Lender? Is there a responsibility to discuss this with my Lender?
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.
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?
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.
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.
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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.
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
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.
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
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.
Someone built a house on a property adjacent to mine and fenced off a portion that would have been access to my home.
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answered on Dec 20, 2021
Hire an attorney immediately. Acquiescence and Adverse Possession are very real. You will probably need a survey, a very well written demand letter from your attorney, and possibly have to prosecute an expensive, difficult Quiet Title or similar Action.
We had to stop our neighbor from digging a trench to drain the sewage from their home into our intermittent creek. Our question is, what can the county do about a situation such as this one? Can they condemn the home if the owner refuses to find a way to control the sewage coming from his home.
answered on Oct 27, 2021
Your time might be better spent by contacting the Georgia Department of Natural Resources to report this matter; the Environmental Protection Division (EPD) in particular. It is usually taken as a serious matter.
Every time I want to do add an upgrade on my home there is a problem with a fine or letter in my mailbox. The neighborhood is not uniformed so why are you trying to fine me for adding upgrades to my home and telling me to demolish my beautiful upgrades or tear it down. Please I need help.
answered on May 25, 2021
I agree that you will want legal representation before you tangle with an HOA. They are notoriously vicious and biased in the minds of many people. Be sure to speak with an attorney who works with land, title and HOA issues. It is a tough nut to go it on your own.
Was wondering if I came across a pond in georgia on a dirt road and started fishing is it treating passing fishing the private pond from a public roads
answered on May 4, 2021
We cannot say without first reviewing the applicable land documents for the site. This could include deeds, plats of survey, affidavits, court filings, etc. If it helps, you should not assume that just because a pond is next to a road it means you have the right to fish it.
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answered on Dec 7, 2020
That island is probably part of a larger tract titled in someone, who is probably paying taxes on it. Hire a competent attorney to search the title. Accretion probably does not help here, although that or Avulsion may be be the reason for the island's existence. The title search should... View More
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