Legal Question in Real Estate Law in Georgia

my field lines are on my neighbors property

The lot my house was on was sub-divided when I purchased it. The now adjoining lot is where my field lines lay. Something I nor the buyer of the lot was aware of. The gentleman who purchased the lot dug up my field lines when he began construction on his house. The county has since stopped him from building due to the fact that my lot cannot hold the field lines due to excessive rock. This has been unfolding since Thanksgiving. When my neighbor first notified the county what had transpired their initial advice to him was to, ''cut her lines and tell her she no longer has any field lines, it's not your problem''. Being the gentleman that he is he didn't take their advice and tryed to remedy the problem and hired someone to run new field lines for my on my lot, which now we find out isn't possible. The county has been giving us a royal run around and he is loosing money daily because he is unable to build.


Asked on 1/27/06, 7:51 pm

1 Answer from Attorneys
Jon Gottlieb Flynn & Gottlieb, P.A.

Re: my field lines are on my neighbors property

It depends on whether you can claim an easement right. Is there a written easement agreement that is recorded? If not, you may still be able to assert an easement by prescription. This is akin to an adverse possession claim.

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Answered on 1/30/06, 8:52 am


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