ASK A LAWYER

Try to resolve property disputes amicably

Published 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.

Related Subjects

Atlanta Home Sales Report

Home sales trends by ZIP code for the past five years

Atlanta Home Values

Recent home sales by address or subdivision

Atlanta Neighborhood Guide

Research demographic, school, and lifestyle information for 130+ Atlanta area neighborhoods

Atlanta School Guide

Complete guide to public and private schools in Georgia

Atlanta Mortgage Rates

Current Atlanta area mortgage rates, calculators and tips

Atlanta Real Estate Agents

Directory of Atlanta real estate professionals

Atlanta Landlord's Guide

A how-to guide (pdf) to setting the right rental rate and more

Atlanta Seller's Guide

A complete guide (pdf) to the For Sale by Owner process

Georgia Real Estate Forms

Legal forms to help you sell or rent your home

Atlanta Commercial Real Estate

Listings for retail and office space in Atlanta

Atlanta Home Services

Reviews of home service professionals, by Kudzu.com

Atlanta real estate quick links.
Site Directory
Real Estate Tools
Sell Or Rent Your Home
Quick Searches

Still can't find what you're looking for? Try our full sitemap.