Legal Question in Real Estate Law in Georgia
A few months ago we bought a house on acreage in subdivision with no HOA or covenants. It had been bank-owned with the forested part of the land overgrown. Just last month someone posted No Trespassing, hunting, fishing signs on some of our big trees with the signs facing into our property toward the house. Have been trying to find out which neighbor (?) but no luck so far. Can't imagine the beginning of a property dispute, since lot survey markers from about three years ago are still visible some sixty feet further out beyond the posted trees. What could we do?
2 Answers from Attorneys
Hopefully you had the sense to buy owner's (not lender's) title insurance and checked the survey before your purchased the property. If not, you may not own what you think you own. Discuss this with the lawyer who represented you (not the one for the bank/lender).
You need to either find the survey of the property at the time of closing of the sale or have a new one created. If you were represented by an attorney, he may have one. If it turns out that you don't own the property that you thought you did, then Mr. Ashman's answer above is correct -- better hope you bought owner's (not lender's) title insurance. Make a claim with the insurance company.
If, however, you own the property you think you purchased, then you have every right to tear down the no trespassing signs and use the property as you wish -- and if you find out who posted the signs, you should send them written notice warning them against their trespass on your property. Do not sit on your rights. If you would like legal assistance with this matter, please feel free to contact me at [email protected].
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******
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