Legal Question in Real Estate Law in Georgia
property line
Original owner of our property erected a chain link fence approximately 30 years ago that has been considered the property line. A block garage was built inside the fence by a former owner. There is a deep well housed in the garage that furnishes our water. The original owner of adjoining property has told us verbally that the fence is the line. However, we recently found a concrete corner post we think may be the line making approx 1/3 of the garage and possibly the well across the line.
Does the "Adverse Possession" law apply in Georgia that property is considered ours? What are our rights since all former owners believe the fence to be the line and we bought the property in 8-97 assuming the fence was the line. The adjoining property is up for sale and everyone believes the fence to be the line. We have just recently found this corner post and wonder if we should bring this up before it is sold. Or, should we do like everyone else and just assume the fence is the line?
2 Answers from Attorneys
Re: property line
Given that you are headed to an imminent sale of the property, we decline to give you any formal opinion online. You probably need to see a local real estate attorney and obtain a formal opinion.
The law that controls your issue may be found in the Georgia Code Annotated at OCGA Sections 44-5-160, 44-5-161, 44-5-162, 44-5-163, 44-5-164, etc. to 44-5-167 (and perhaps others). You may obtain online copies of these statutes by searching the Offical State of Georgia Web Site. Also, our website www.woodandmeredith.com has a link under Resources to same.
Sincerely,
Re: property line
It sounds like the property is yours. However, if you want to establish this conclusively you should file a suit to quiet title. This can be complicated. Contact an attorney in your county.
Charles W. Field
Attorney at Law
1009 Industrial Court, Ste. A
Suwanee, GA 30024
http://www.mindspring.com/~cwfield/
(770) 987-6151
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