Whether you are dealing with a neighbor’s misplaced fence, an overhanging tree or a shed spilling onto your lot, you are being denied your right to enjoy your property. You have to tackle this situation by being cautious.
Communicate the issue with your neighbor
In many cases, clear communication could be the key to solving problems. You can sit down with the other party and have a discussion to sort it out. As a property owner, you can explain the problem to the encroacher and request removal of the encroachment.
Hire a surveyor
If the talks did not bear fruit, you can take the legal pathway. One of the first steps you can take in this direction is to hire a licensed surveyor. They can measure the boundaries and prepare a survey plat that could help you confirm whether your neighbor is actually encroaching on your property.
Send a demand letter
Once you confirm encroachment, you can send the encroacher a demand letter. This letter discusses the encroachment in detail and requests corrective measures with a timeline. If your neighbor remains unresponsive, you may take the matter to court with the help of a real estate attorney.
The risk of adverse possession
If you live in Georgia and you notice the encroachment late, you face a risk of adverse possession. This legal rule allows the encroacher to acquire legal title to property if they occupy it openly, exclusively, hostilely and continuously for 20 years. They might also gain title in as little as 7 years if they possess “color of title.” However, people who make adverse possession claims are rare.
Protecting your Georgia property rights with diligence
Resolving an encroachment issue requires diligence. Start with open communication and back up your claims with a professional survey to settle the dispute amicably. If the issue persists, escalate to a formal demand letter or legal action to protect your Georgia property rights.
