Legal Question in Real Estate Law in Georgia

Legality of Subdivision sign on homeowner property

We are about to close on a house that has a sign denoting that phase of the sudivision on the property (Georgia). We have asked the builder to remove the sign as it sits on what should be the rest of our driveway. He has refused. There is already a sign at the road entrance to the subdivision. There is no reference to an easement on the plat that is filed with the courts. Can we remove this sign once the property becomes our at closing? Could there be something in the convenants that would stop us from removing this sign on our property? What do we need to do to ensure that we are within our legal rights, and avoid a possible law suit?


Asked on 9/19/03, 2:36 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Legality of Subdivision sign on homeowner property

My first question is, How are you going to close if the sign remains and he can't finish your driveway? I guess I can understand his wanting to leave the sign up as long as possible much like real estate agents won't remove "For Sale" signs just because there is a contract on a house; they want it to stay up until the sale closes. At any rate, he (being the owner) can keep it up until he sells it. Once you close, assuming it is on your property, my thought is that you can remove it. However, due to the strangeness of the situation, I would advise you to have a local attorney review all your documents, including the covenants, although I doubt the covenants address this issue.

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Answered on 9/19/03, 2:51 pm


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