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Georgia Land Use & Zoning Questions & Answers
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 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.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Someone has fenced of an entrance to my property and made it part of theirs. Can I legally force him to unblock it?

Someone built a house on a property adjacent to mine and fenced off a portion that would have been access to my home.

Anthony M. Avery
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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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: In the state of Georgia what power does the county have if your land does not perk?

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.

Michael D. Birchmore
Michael D. Birchmore
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.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: is it possible to sue your hoa president and hoa for improper enforcement?

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.

Michael D. Birchmore
Michael D. Birchmore
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.

1 Answer | Asked in Land Use & Zoning for Georgia on
Q: Is fishing from a public road considered trespassing in the state of georgia. As long as it feet are on public land.

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

Michael D. Birchmore
Michael D. Birchmore
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.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: I live on a 3. 5 acre island in a Georgia river. There is no deed, title. How do i obtain legal ownership?
Anthony M. Avery
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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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