Real Estate
Special Warranty Deed
Georgia
What type of lawyer handles property line disputes
My neighbor's are trying to steal my land
Answers from 1 Lawyer
Answer
Real Estate
Georgia
Jerome L.
ContractsCounsel verified
Hi there, A real estate attorney—specifically one who handles property disputes and boundary line issues—is the right type of lawyer for this matter. I assist clients with these kinds of disputes by helping them understand and assert their legal rights when property boundaries are in question. Here’s how we typically approach a situation like yours: Homeowner’s Plan of Action to Establish Ownership & Defend Property Lines: Obtain the Legal Description of Your Property: Start by reviewing your deed, plat maps, and title documents. These outline the legal boundaries of your property and are critical for defending your claim. Order a Professional Land Survey: A licensed surveyor can physically mark the boundary lines and create a survey report to compare with your legal documents. This is often the first and strongest piece of evidence in a boundary dispute. Review Title History & Any Easements: We will check for any title issues, encroachments, or easements that could affect your rights or provide clarity. Send a Cease-and-Desist or Demand Letter (if appropriate): Before litigation, we may attempt to resolve the matter through a formal letter outlining your legal position and requesting your neighbors stop any encroaching activity. Initiate Quiet Title or Declaratory Judgment Action (if necessary): If your neighbors are asserting ownership or taking aggressive actions, we may file a lawsuit to quiet title or seek a court ruling on the proper boundary. Defend Against Adverse Possession or Encroachment Claims: If your neighbors are claiming rights due to long-term use, we will gather evidence to challenge that, including photos, testimony, and maintenance records. Negotiate a Settlement or Easement Agreement (if desired): Sometimes disputes can be resolved amicably without litigation, through a mutually agreed upon solution. If you are currently experiencing this issue, I would be happy to discuss your situation in more detail during a consultation. We can review your documents and help you take the right steps to protect what is legally yours. Looking forward to helping you secure your land and your peace of mind. Best regards, Jerome Lucas Newell, Esq. Real Estate & Civil Litigation Atto
People Also Asked
Real Estate
Mortgage Modification Agreement
Georgia
Do you handle Forbearance in Ga?
We currently were in the Forbearance program. My father passed away he is the only one listed on the title, however him and my mother are still listed on the loan. The bank will not let us do a loan motification since my father is deceased . They are wanting the missed payments all at once or they say we loose the house
Meghan T.
Hello. First, I would like to say I am sorry for your loss. Regarding your question, I can provide a more general type of answer since more specifics are needed to determine the rights of you and your mother. The ability to continue with a forbearance program under these circumstances depends on the type of program applied to this loan. For example; the COVID hardship forbearance program applies to ALL federally backed and federally sponsored mortgages (HUD/ FHA, VA, USDA, Fannie Mae/ Freddie Mac). Depending on the loan type, a total of 18 months of forbearance may be applied to the loan. If the bank applied a different type of forbearance program, there may be different stipulations and mandates. Therefore, it is important to know what type of forbearance program is being applied and what the stipulations are. In any event, forbearance is an agreement by the bank to not do something (such as place the loan in default for missing a mortgage payment) for some stipulated period of time. The mere fact that your father is the only person listed on title and has passed away, may not change that agreement especially if the loan is federally backed. This is because although many loans and forbearance agreements contain a due on sale transfer provisions, federal law prohibits enforcement of these provisions for federally backed mortgages when the transfer is death related. Thus, depending on the circumstances, the bank may be prohibited from immediately accelerating (requiring "the missed payments all at once").
Read 1 attorney answer>Real Estate
Agreement To Lease
Georgia
When it comes to subleasing an apartment or rental, do I need specific written permission from the owner, or as long as the lease agreement doesnt forbit it, am I okay to proceed?
I am in the process of potentially leasing a home in Savannah, GA for a period of 8 months. My goal is to sublease this home as an Airbnb and make a profit. The leasing agreement has no language forbidding subleasing the property, but it also doesnt have express written permission either. I'm just wondering if that means I can proceed with my plan.
Meghan T.
This is a topic I get asked about very frequently. In Georgia, the right to sublet residential property is based on the express (written) and implied (inferred) language of the lease. Generally, if subleasing is not mentioned, then there is no restriction on subletting. In any event, you may want to at least have a discussion with your Landlord concerning what you plan to do. This can avoid lots of headaches for you and your guests later down the line. If you are interested in more information concerning other legal considerations for BnBs and short term rentals, check out my blog article: https://www.treclaw.com/post/legaladvice4bnb
Read 1 attorney answer>Real Estate
Property Deed
Georgia
What happens when a mortgaged house was built on the wrong land?
We have 4 total lots, two in my fathers name and the other two in my grandfather’s name. The builder built my fathers house on my grandfather’s land. I wasn’t aware of this years ago until My father passed away. Who or How do we fix this problem?
Meghan T.
Hello. There are multiple solutions to this problem. The simplest solution would be for your grandfather (or whoever the current owner is) to deed the property over to your father's heirs. They could also switch parcels of land. Depending on how long ago the home was built, the owner of the house could potentially have a right to the property via an adverse possession. Feel free to contact me to discuss this matter in more detail. - Meghan Thomas, Esq.
Read 1 attorney answer>Real Estate
Real Estate Contract
Georgia
WHAT ARE YOUR FEES TO PERFORM QUIT CLAIM DEED COMPLETE BUTTS COUNTY GEORGIA 30233
SON AND EX
Meghan T.
Hi. The cost for my practice to prepare a Quit Claim Deed is $99. The Cost for me to handle the closing is $250 plus recording fees. These costs apply for any county within the state of Georgia. Let me know if you have any more questions. Meghan K Thomas
Read 1 attorney answer>Real Estate
Real Estate Contract
Georgia
How many years does a quick claim become effective?s
Number of years for quick claim to be effect ive
Meghan T.
A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas
Read 1 attorney answer>