ASK A LAWYER
Try to resolve property disputes amicablyPublished on: 12/09/07
Q: I have a property dispute with my neighbor. What should I do?
A: Property disputes between neighbors commonly include property boundary line disputes, encroachments, and/or nuisance problems. A property line dispute occurs when neighbors differ as to where the property line is located. An encroachment occurs when a neighboring property owner builds a structure (such as a fence) partly or entirely on your property. When such a dispute arises, the legal description and related surveys and plats of the properties will need to be reviewed.
Your property boundary is typically stated in a "metes and bounds" legal description and may also be shown on a survey and/or plat. These documents are recorded in the real estate records of the county in which a property is located. It may be necessary to have a surveyor physically mark the property lines.
A nuisance occurs when your neighbor makes an unreasonable or unlawful use of his or her property that disrupts the quiet use and enjoyment of your own.
To prevent and/or minimize property disputes, openly communicate with your neighbor. Try resolving these type of disputes first through amicable negotiation. If this does not work, you may try mediation. If a situation escalates beyond resolution by these means, then consider seeking legal counsel to explore legal actions such as filing a civil law suit and, in certain cases, a criminal complaint.
This column is designed to provide information in regard to the subject matter covered. It is not intended to render legal advice.
Q: What is a plat?
A: A plan, map or chart of a tract or town site dividing a parcel of land into lots and showing boundary lines, streets, actual measurements and easements.
Have a question you would like answered in this column? Please contact James J. Scavo at jscavo@wslaw.net or c/o Weinstock & Scavo, P.C., 3405 Piedmont Road, Suite 300, Atlanta, Ga. 30305.
— By Patrick I. Lucas, an associate with Weinstock & Scavo, P.C.; plucas@wslaw.net; www.wslaw.net.
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