Legal Question in Real Estate Law in Georgia

Gift of Real Estate
Our neighbor owned a 150- by 500-foot strip of wooded land between our house and hers. Because we treated her like our own parent, and she considered us her children, she was going to give us a 50- by 250-foot section so we could build a small woodworking shop. We also built, with her permission, an 8- x 12-foot shed of which one corner extends 10 inches onto her property. We even went to see her lawyer at which time she explained to him about the gift of land. We had the land surveyed, but our neighbor died before any paperwork was done with the lawyer. The heirs, at first, said they would honor their mother's promise of the land, but have since reneged, and they are also making a big deal about the 10-inch encroachment. Is there any case history where a promise (known by at least a dozen folks, including her lawyer and her surveyor) of land has been honored with nothing in writing? The land is going on the market and I want to keep my small shed where it is and deal with the new owners rather that move it now. Is that a fair suggestion to the heirs? Thank you.

Asked on 2/20/05, 10:16 pm

Charles W. Field Charles W. Field, Attorney at Law

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Re: Gift of Real Estate

There may be too much at stake to try to give you a reliable answer in this type of forum. You should consult with a local real estate attorney.

Answered on 2/21/05, 3:54 pm

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