Property Disputes in Georgia
Property disputes in Georgia are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear. Find out what you can do if you have a property dispute in Georgia. Discover the legal remedies and actions that can help you clear up a misunderstanding or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Georgia property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
The Georgia court with jurisdiction over your dispute depends on a few factors, including the amount sought in damages. You may find yourself in a municipal or magistrate court initially.
Common Types of Georgia Property Disputes
Often, the result of a property dispute in Georgia is the plaintiff will receive compensation to cover their losses. The most common property disputes include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Georgia where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Georgia Property Disputes
A common issue that property owners in Georgia deal with is the unwanted removal of trees. Whether someone is motivated by wanting a Christmas tree or otherwise, the damage done requires recompense. Under current legislation, civil penalties should be three times the value of timber.
The state government also recognizes that farm operations can halt because of civil actions. For those in agriculture, Georgia law has explicit protections from nuisance lawsuits.
Legal Process for Boundary Disputes in Georgia
Has someone brought a property dispute against you in Georgia, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Georgia property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
Georgia does not have state laws that apply to property fences or boundaries, but municipalities may have them. Take the Atlanta Code of Ordinances, for example. Depending on the district, there can be city standards for height, separation from other properties, and more.
Try to Find a Solution with Your Neighbor
Georgia dispute litigation can cost a fortune, not to mention it can take a long time to settle a dispute. That’s why it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, then it’s time to take legal action.
Send a Demand Letter
At this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
This letter will be from your Georgia attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Go to Court or Reach a Settlement
Settling a property dispute out of court is often the best option for both parties. It helps avoid the high costs and lengthy process associated with litigation while allowing greater flexibility in finding a mutually agreeable resolution. Negotiating a settlement is usually faster and more efficient than taking the case to court.
However, if negotiations fail and no agreement can be reached, filing the dispute in court may become necessary. The court will review the evidence presented by both sides and issue a legally binding decision on the ownership of the property. While this decision resolves the matter, it may not align with your expectations, which is why settling outside of court is typically the preferable route.
Work With an Experienced Local Property Dispute Lawyer in Georgia
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Georgia property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Georgia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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