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Title & Boundary Dispute Law in Georgia

Finding out that property lines are improperly drawn and learning that you have been partially occupying your neighbor's land, or vice versa, can cause some very serious legal issues.

It's usually possible, though not always easy, for neighbors to come to a resolution of these disputes on their own. If the neighbors happen to like one another, and the difference between the actual property lines and what they believed the property lines to be is very small (a foot or two, for example), they might simply decide to go on as they had before. This is certainly a desirable solution in the short term, since it saves everyone a great deal of time and energy. Nonetheless, in the long term, this can cause problems, particularly if one neighbor decides they want to enforce the legal property lines down the road.

Nonetheless, it's more common for the neighbor whose land is being encroached upon by the other neighbor to seek enforcement of the legal property lines. The other neighbor will almost certainly want to use the property as he had been, since enforcing the legal property lines would cause him to lose some of "his" land.

Title disputes in Athens, Georgia, on the other hand, involve questions of ownership over an entire parcel of land. This confusion can occasionally arise from improperly recorded deeds, resulting in inadvertent (and, occasionally, deliberate) sales of the same parcel of land to multiple people. Obviously, each buyer wants to be the one who takes title, particularly if it seems unlikely that they'll be able to get their money back. This can lead to some very heated disputes.

Possible Outcomes of Boundary and Title Disputes in Athens, Georgia

There are many ways to resolve boundary disputes. One way is to change the legal property lines to reflect the use that the neighbors had been making of the land before the discrepancy was discovered. This is generally regarded a sort of "neutral" result - nobody's situation changes. If both neighbors knew about the real boundaries for a very long time, and did nothing about it, a court may view this as them having acquiesced to the status quo, and decide that it would be unfair to force the neighbors to change their use of the land after such a long period of time. This might also be done if enforcing the property lines would place an extremely large burden on one neighbor, and re-drawing them to reflect their actual use would put a comparatively small burden on the other neighbor

On the other hand, a court could determine to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but majority of them boil down to common-sense principles of fairness. For instance, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court likely won't enforce them.

In Athens, Georgia courts have many options when it comes to resolving title disputes. However, these disputes are usually controlled by some fairly perplexing (and old) legal principles. While they're generally built around policies that most people would find to be quite fair and reasonable, their application can be nearly impenetrable, even for some lawyers.

Generally, the person who records the deed first will be the one who takes ownership. Of course, this will only be if they had no reason to know about the other deeds).

What Can A Athens, Georgia Attorney Do?

The legal problems that can come up in boundary and title disputes can get very perplexing. Given this fact, and the high stakes of such disputes, most people shouldn't approach these issues without good legal representation. It should therefore go without saying that the counsel of a reliable Athens, Georgia real estate attorney is essential in most of these disputes.

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Life in Athens

Athens, Georgia has a population of over 115,000 people and is located in the northeastern region of the state. Athens is actually a consolidated city-county, created by combing Clarke County and the city of Athens itself (also the county seat). Athens Is known for being home to the University of Georgia and is considered by many to be a premiere example of a college town.

As a college town, the student life drives much of Athens' social, intellectual, and cultural scene. In particular, music has always been a central tenet of life in Athens. Many restaurants, bars, and local establishments cater to the music scene and help to further the creative legacy of the city. Famous musical figures from Athens have included: R.E.M., the Indigo Girls, the Primates, and the Athens Boys Choir. The city hosts AthFest, which is an art and music festival held every summer.

Other popular events and attractions in Athens, Georgia include Naturalists' Walks, Contra Dance at Memorial Park, and the Twilight Series bicycle races held each spring. Some of the nation's most outstanding bar and grills are also located in Athens. Alongside its modern establishments, an abundance of American historical artifacts can also be found in the city.

Lawyers in Athens, Georgia often assist their clients at the Athens-Clarke County Superior Court. The Superior Court is located in the city and process a wide range of legal claims. Many Athens lawyers spend time researching legal inquiries at the Athens-Clarke County Law Library.

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Athens Boundary Dispute Lawyers and Athens Title Attorneys

Title & Boundary Dispute Law in Georgia

Possible Outcomes of Boundary and Title Disputes in Athens, Georgia