Legal Question in Real Estate Law in Georgia

We have a drive way that encroaches on our neighbor. The drive way has been used since 1971 and the neighbor nor us realised that it was encroaching until recently. I live in Georgia. My neighbors want us to move the drive. Do I have any implied easment that will let me continue to use the drive?


Asked on 7/07/10, 8:32 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You may have acquired a prescriptive easement. See a lawyer and have the lawyer write them.

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Answered on 7/07/10, 11:40 am
Scott Riddle Law Office of Scott B. Riddle, LLC

The first question is not a legal one - it is whether you want to start a legal battle with your next door neighbor over a mistake that both of you made. Is it worth it? More often than not, it is probably not. Before seeing a lawyer (the only purpose of which would be to start the legal battle) to even send that first letter and fire the first shot, you need to seriously consider this question going forward.

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Answered on 7/07/10, 1:19 pm


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