Legal Question in Real Estate Law in Georgia

property reversal

We bought our house 4 years ago. At the time our neighor had owned his house for 2 years (altho the house is much older). At the time we bought the property we informed him that his current driveway actually cut into part of our land. He agreed and even took a copy of our lot plot for his use. He was currently doing home improvements and said that he was going to re-do the driveway anyway and he would take our land into consideration when re-doing. He has not re-done the driveway even though he has done plenty of other home improvements. We have no proof but verbal that we informed him of the driveway overflow. Although the driveway was already built when he moved in, since we are both relatively new owners do we still have claim to that land or is he playing a waiting game for ''property reversal'' to kick-in. And who has claim to the time frame for that? Him or us? We have the smallest plot in the neighborhood as is and would hate to lose any part of it.


Asked on 3/19/07, 9:42 pm

3 Answers from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: property reversal

My firm resolves property disputes. More information and some legal research are required to determine any recourse that you might have. Please do not hesitate to contact me in the even that you are interested in having my firm assist you.

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Answered on 3/20/07, 1:13 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: property reversal

I have never heard the term "property reversal". What you have is a case of trespass. You should consult with a local attorney before any more time goes by so that your rights are preserved.

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Answered on 3/20/07, 2:05 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: property reversal

It is highly unlikely you will need to pay a lawyer for "research," and it appears as though there is no dispute as to ownership - the issue is merely the location of the drive. One does not lose property merely because a neighbor uses it, where both parties know the property lines. Getting an opinion from a real estate lawyer is not necessarily a bad idea, but it should be one who practices in real estate, not one who merely claims that as one of many unrelated areas. They can provide a pretty quick opinion, on what appears from your post to be a rather simple issue, without much research.

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Answered on 3/20/07, 2:50 pm


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