Legal Question in Real Estate Law in Georgia
Property belonging to someone else.
I purchase the property from the bank that was forclosed upon. There is a old trailer on the property that belongs to the former owner, how do I go about getting it off my property legally. The bank does not own it and it was not part of the loan that was forclosed on. I have a clear warrenty deed to this property.
1 Answer from Attorneys
Re: Property belonging to someone else.
You need to familiarize yourself with the law on abandoned motor vehicles and trailers, OCGA 40-11-1, et seq. Go to this link:
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=40-11-1
Read through all the sections under 40-11. Basically, if it has been abandoned on your property for at least 30 days, you have it removed by a garageman. After they hold it a period of time, they give some notices and can then sell it at auction to pay for their storage lien.
Since it seems you know who the owner is, you should probably send him a certified letter stating that if he does not remove it by X, you will treat it as abandoned property under OCGA 40-11-1, et seq.
Study the various provisions carefully. It is also a misdemeanor to abandon a motor vehicle or trailer on private property.
Good luck.