Legal Question in Real Estate Law in Georgia

This sounds like a title insurance claim. If you have a residential mortgage on the property, your lender likely required you to buy Lender's Title Insurance at closing. This cover's the lender's investment up to the price of the mortgage. You were also likely given the option at closing of buying Owner's Title Insurance. This covers you up to the amount of the original purchase price of your home. I'm hoping you took the option of purchasing the Owner's Title Insurance. If you are unsure, contact the closing law firm in Georgia that conducted the closing and they will be able to tell you. I would try and obtain a copy of both insurance policies.

You may consider filing a claim with the Title Insurance Company. So can your neighbor. If your title insurance company denies your claim or attempts to settle the matter with a resolution that you are not comfortable with (for instance, making you take down the encroaching gazebo/fence), I would STRONGLY consider hiring a Georgia real estate attorney to defend your rights.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

Nothing you posted indicates it is a title issue or problem. It was a mistake you made in where you built a fence and gazebo. Unless you have a faulty or conflicting deed description, which presumably you would have mentioned, you don't have a title problem and title insurance is not applicable at all. In most cases, such a mistake is your responsibility to correct unless you work out an agreement with the neighbor. In addition, the legal issue should often come second behind being a good neighbor (especially for the person in the wrong). Using a land by mistake or permission is not adverse possession (you can google that term) that would somehow give you title, and presumably is not not necessary for an easement.

Phillip's answer, in my opinion, is wrong.

I agree with Scott.