Legal Question in Civil Litigation in Georgia
Neighbors right to use my land
My neighbor uses the road on my land for business and personal uses. He claims that he has maintained the road for 13 years.
I purchased the property about 3 years ago with a verbal understanding that he would vacate. Now he refuses to leave. Can I force him off?
1 Answer from Attorneys
Re: Neighbors right to use my land
It is hard to provide a short answer to this, because there may be other factors involved, but if he has used the road with the understanding and acknowledgent that it is your property (thus defeating any adverse possession claim), and he has, or could have, other ways in and out of his property without going over yours, you may very well have a strong position in providing him notice that he is no longer authorized to use your property. If he maintained the road, knowing it was not his property, that may be viewed as his voluntary act. Again, one would need a few more facts for a definite response, perhaps including a look at the plats.