Legal Question in Real Estate Law in Georgia
How to Proceed with Adverse Possession of Land that I have lived on and paid tax
After being Widowed from a 20 year marraige, I had our farm surveyed. This is a 75 ac. farm with my home on it.( It was inherited and put in my husband's name without a survey years ago.) According to the survey some of the land that we have been using and is in pasture is not within the deed lines. ( This is only maybe 1 1/2 ac., but is also the road frontage that we have used for years.) This part of our pasture and road frontage shows on my survey that there was No Deed found on this property. However on this property that shows No Deed found, I have a security deed recorded at the courthouse that is surveying this property including our home with a mortgage company and my husbands name on it.
Also, at the Tax Office, the information that they base our taxes on shows this property as belonging to us.
Because of this property not having a recorded deed, I have no frontage and my driveway is even cut out of the survey. Because at the tax office showing this as our property, my taxes are much higher than they would be without the roadfrontage.
My question is: How do I go about claiming this property?
2 Answers from Attorneys
Re: How to Proceed with Adverse Possession of Land that I have lived on and paid
One possible route is a "Petition to Quiet Title". Another is a "Petition for Declaratory Judgment". You should consult with a local attorney knowledgeable in real estate law.
Re: How to Proceed with Adverse Possession of Land that I have lived on and paid
I would advise hiring a local attorney to filed paperwork to quiet title. If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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