Legal Question in Real Estate Law in Georgia

We bought a house in NW Georgia almost 6 years ago. At the time we bought the house we received an affidavit to the effect that there were no easements or attachments to the property and an older survey showing the layout of structures on the property gave no indication that our neighbors porch was encroaching on our lot by about six to eight feet. The porch seems to have been added on to his house after the survey and is basically a simple protrusion off the end of his house.

My question is; do we have any legal remedy in the event our neighbors are unwilling to cooperate should I approach them with the offer of fixing the encroachment with my own labor and resources? As time goes by we would like to improve our property and increase it's value and there is no doubt in my mind that the present encroachment devalues our property as well as theirs by decreasing marketability.


Asked on 2/25/12, 12:00 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You need to get a real estate lawyer to deal with this unless the neighbor agrees in writing to remove the encroachment and does remove it. Before you do that, do a survey now to make sure there really is an encroachment.

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Answered on 2/25/12, 12:45 pm


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