Legal Question in Real Estate Law in Georgia

driveway easement

I bought my house march 06, my neighors house is about 50 feet from my lot line,it's at the corner of the lot.I have a paved driveway they use to get to their house,and they use part of my land as the yard.their not land lock,their house sits beside the road,3 feet from the road. when I got my house I was told I could fence in my land , I did now the neibhors can'nt was my driveway.their is no writting easement.they said the prior owner let them use the driveway.the county is going to pave the road and I told the neighor aweek before I had the fenced put up and he should put his own driveway in, so when the county paves the road they would put his own driveway in.now the neighors got a lawer and sent me aletter asking me to remove the fence because they have a prescriptive easement,what can I do?


Asked on 11/05/06, 4:21 pm

1 Answer from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: driveway easement

You can either remove the fence, or don't remove the fence, and hope that your neighbors' don't ask their lawyer to sue you to take it down. Your best course of action is to hire an attorney now. If you do have a right to eliminate your neighbors from your property, you risk losing it by trying to handle this matter yourself, instead of hiring an attorney who is trained to do so. Another note of caution, do not discuss this matter with ANYONE until you hire an attorney.

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Answered on 11/06/06, 10:38 am


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