Legal Question in Real Estate Law in Georgia

Public Domain

We own a piece of property which was leased to Hardee's for 20 years. Hardee's has now vacated the property and our building and parking lot is for lease. There is a 40' driveway which connects another street to our property which we do not own. Hardees paid rent on this driveway. The public has used our driveway and this other driveway as a cut through street for 22 years. My question is since this has been used as a public throughfare for so long is it in the public domain?

Thank you


Asked on 12/01/05, 3:27 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Public Domain

Public domain acquistion probably has not taken place. However, you should consult with a local attorney as there may be a back-and-forth conversation about more facts and a review of documents than is possible in this type of forum.

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Answered on 12/02/05, 4:31 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Public Domain

The land would be no more "public domain" than parking lots, private roads, shopping centers, stores, or other places open to the public. Someone obviously owns the property and leased it to Hardees.

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Answered on 12/01/05, 3:35 pm


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