Legal Question in Real Estate Law in Georgia
trespass and squeezed
We share a driveway with our neighbor. When we talk to them about the driveway they say its an easement but we can't find any papers on it. When we ask to see them they can not provide them. They say the drive is half theirs but the survey guy says its ours. We both have road frontage. They also use a large section of our property as a turn around which is tearing up our year. Since the owner is on one side of us and their rental property is on the other side of us they use our yard as a walk through, park there cars in our yard, basicly act as if it is theirs.(they know no boundaries) which is why we want to put up a fence. Can we do this to keep them from turning their vehicles around in our yard, and can we attempt to have them put in their own driveway since they have frontage? between them and their animals I can not keep a flower garden or grass for that matter..
2 Answers from Attorneys
Re: trespass and squeezed
Your questions fall into one of my favorite practice areas. My experience tells me that it will be impossible for any attorney to answer your questions without further investigation. Therefore, the best advice that can be provided on this forum is: select an attorney to review the matter and advise you on your options.
Re: trespass and squeezed
You say you can't find documents, but you don't say where you looked. There is only one place that generally counts - the clerk of court. If you want to search yourself, try www.gsccca.org. You can also try a title search company if you don't know how to search and trace back - cheaper than a lawyer. You should have all documents related to your property anyway, so it is money well spent. However, that does not get you anywhere with neighbors. You can either discuss the documents with them and come to an agreement, or see a lawyer to step up the pressure and resolve the disputes. Generally, owners can put a fence up but there are several exceptions to the rule. If you retain a lawyer, hire one that does real estate as a primary practice area - not just a lawyer who will take the case for a fee or solicits you. Check websites, referrals, etc. Keep in mind that neighbor disputes are usually not pretty.
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