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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 create some fairly 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. However, in the long term, this can cause problems, particularly if one neighbor decides they want to enforce the legal property lines down the road.

However, 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.

People in Savannah, Georgia should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes discussed above, the outcome of a title dispute can determine who owns an entire parcel of real property. Confusion over who actually owns a piece of property is more common that some people might imagine. Many local property records are still kept on paper, are not very well-organized, and sometimes date back a hundred years or more. A lost or misfiled deed is the most common way for a title dispute to arise. However, sometimes fraud on the part of a seller can lead to title disputes. Unscrupulous individuals will sometimes try to sell the same piece of land to more than one person. And some people even try to sell property they don't own, occasionally succeeding (and this isn't just limited to bridges in London). Usually, once the buyers discover they've been duped, the "seller" is nowhere to be found, leaving them to figure out who owns the land they all thought they had purchased.

Possible Outcomes of Boundary and Title Disputes in Savannah, 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 considered 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 a very large burden on one neighbor, and re-drawing them to reflect their actual use would put a comparatively small burden on the other neighbor

A court might do the opposite, and decide to enforce the property lines as they're drawn. This will necessarily benefit one neighbor and hurt the other. A court will probably do this if one neighbor knew that his land was encroaching onto another person's property, and actively tried to hide that fact from his neighbor. Obviously, such bad behavior shouldn't be rewarded. Conversely, if the neighbor whose land was being encroached upon knew about the discrepancy, and did nothing about it, the court will probably change the property lines to reflect this prior use, to prevent that neighbor from being rewarded for "sitting on his rights."

In Savannah, Georgia courts have many options when it comes to resolving title disputes. However, these disputes are usually governed by some fairly complex (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.

In general, the person who first recorded the deed at the appropriate government office will be the one who the court deems to own the land, if they didn't have any reason to know about the existence of the other deed, or other sale, or whatever else gave rise to the title dispute.

What Can A Savannah, Georgia Attorney Do?

Because of the high stakes, going it alone in a boundary or title dispute is rarely prudent. Therefore, it's almost always a good idea to get a good Savannah, Georgia real estate attorney to help you with such legal problems.

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Life in Savannah

Savannah, Georgia is the county seat for Chatham County. It is the largest city in the county and was Georgia's original state capital. Savannah is also an important industrial hub and a functional Atlantic seaport.

Savannah is internationally known for being a model of "Southern hospitality and charm". The city's culture, architecture, and history have earned it the nickname of "Hostess City of the South". The nickname is a reference to the warm and cordial atmosphere of the city and its residents. In particular, Savannah's cozy downtown area attracts many visitors and is one of the U.S.' largest National Historic Landmarks.

Music plays a major role in Savannah culture. Year-round, the city hosts several music festivals, such as the annual Savannah Jazz Festival and the Savannah Music Festival. Several rock bands had their start in Savannah. The Savannah Civic Center also hosts concerts and features over 900 different events every year. Savannah, Georgia is frequently mentioned in popular films, television shows, and in literature.

Lawyers in Savannah, Georgia practice in many areas of law in order to meet the diverse needs of the community. Many Savannah lawyers are part of the Savannah Bar Association and other local and voluntary bar organizations

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Savannah Boundary Dispute Lawyers and Savannah Title Attorneys

Title & Boundary Dispute Law in Georgia

Possible Outcomes of Boundary and Title Disputes in Savannah, Georgia