Legal Question in Real Estate Law in Georgia
tresspass to land - adverse possession
i purchased a lot. the neighbor's driveway encroaches the boundry by 25 feet. i notified him that he is infringing the boundry. he said that he knew, that he would not move it, that it had been there for 22 years. i told him that i did not agree to allow him to use my land and that he had to move it. he has not done so. can i sue him for tresspass? does the 22 years matter? if yes, who has to prove the number of years? can i sue the seller, since on the seller's disclosure he said there were no boundry disputes? can i sue my real estate agent for telling me that it was a shared driveway (which it is not)?
2 Answers from Attorneys
Contact local counsel
Not licensed to practice law in the State of GA and your situation requires the knowledge of one so licensed. You have stated the basic considerations which will afffect your case, the time frame will be governed by your jurisdiction and I would advise to consult local counsel sooner than later.
Adverse possession.
In many states, 20 years of adverse possession suffice tomake the property change hands. Adverse means, amongst otherthings, without permission from the owner, in many places.
You probably have a strong case against the agent, and you may need to involve the seller in a suit at least for tacticalreasons.
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