Legal Question in Real Estate Law in Georgia

Trespass, Constructing a Nuisance, Encroachment
Property has existed since the mid-1960s. It was one of a few pieces of property on a country road. With progress, the adjoining wooded land was purchased by a developer who conducted a survey. The original survey from the 1960s exist, the survey from the purchase of the property in 1982 exists, and the developer's survey exists. All surveys reflect a straight line between our property and the subdivision the developer built. All the homeowners bordering our property have respected the line, except one. This individual had a survey done, submitted it to the county indicating where he was building a building and it appears from his own documentation that the building was going on his property; however, the man built some 100 or more feet across the line onto our property, obstructing access to the rear of our 2+ acres. Someone mentioned to me that property law has a self-help provision wherein a property owner may remove any such obstructions, encroachments, etc. We have advised this individual at least three times in writing to remove the building and fence, but he persists in stating the property is his. (I have all the surveys and it is clear he has built on our property). Does such a self-help statute exist?

Asked on 1/02/01, 1:52 pm

2 Answers from Attorneys

Hugh Wood Wood & Meredith

0 users found helpful

0 attorneys agreed

Re: Trespass, Constructing a Nuisance, Encroachment

We do not think Georgia law authorizes self-help, whether by statute or case law. See, Pindar, Georgia Real Estate Law and Procedure with Forms, 5th Edition, Harrison Publishing, Suwanee, GA (1999) at Section 25-15. (Hinkle, editor).

We think you have to bring an ejectment action in equity or a combination Quiet Title Action ("QTA") and Ejectment action in the same suit. The latter is safer, since you may rely upon the boundry found by the Court in the QTA. There is a QTA article on our website or search under Resources for "Ejectment" under the Georgia Code Online. If you want to discuss bringing the action with us, call Brian Setliff, attorney at 404-633-4100. Good Luck.

Answered on 1/05/01, 3:14 pm

Mark as helpful