Legal Question in Real Estate Law in Georgia

encroachment

The adjacent land owner put his well at least 10' onto my property. He had a survey prepared and had the surveyor show a water line easement and this survey was recorded at the courthouse along with his mortgage documents. This survey was dated in 2004. The latter part of last year I learned of all of this. He has gone onto the property and cleared out all of the trees making my property all pasture. I have been letting him use the property for his cows. But due to financial difficulties I am having to sell the property. It took me 2 months to have access to property for buyers to walk the property. The land is in Morgan County, Georgia; I live in Atlanta. The adjacent owner is my brother. When I broached him about the well; he ignored. I sent him an email back in January of this years. Requesting he relocated his well. He informed me today he did not have to. I have also asked today that he remove his cows and the electric fence. I'm to the point that he may be interfering with buyers buying the property. What can I do get rid of this encroachment. I am not going to give him a water line easement. Do I own the well.

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