Posted by Marge on February 23, 2006 at 16:28:07:
Lisa, Find out the statutory number of years to claim AP in Georgia. A fence in place for 10 years is about the most powerful argument for AP. Here in New York, the courts have just granted AP to a party who simply used land for over ten years without a fence in place(N.Y. AP law stipulates the ten year standard)
adverse possession - Posted by Lisa
Posted by Lisa on January 21, 2006 at 15:14:43:
Is adverse possession the same as what I have heard called “grandfather clause” when someone claims property on which a fence has been placed?
We live in a rural Ga. area where flag pole lots were the cheap way for real estate to be divided and sold. We have a neighbor who is trying to claim 50 foot of road frontage belonging to us and 2 other owners as his, since his fence has been in place for 10 years.
Taking our road frontage would leave us land locked.
Can you give a me some direction in this matter.
Thanks
Lisa
Re: adverse possession - Posted by Tom-FL
Posted by Tom-FL on January 21, 2006 at 16:40:50:
Hi, I’m not a lawyer and this isn’t legal advice. Just some interesting reading.
Read the description of “color of title” here:
http://www.lawchek.net/resources/forms/que/advposs.htm
Then decide if the claim is being made under color of title. The prescriptive times are different.
This is a pretty good essay on AP as it pertains to Georgia:
http://www.jnlaw.com/articles/UnwrittenTitleTransfers.htm
Just on the surface, it doesn’t look like the neighbor has any claim. He’s only half way through the prescriptive period. Still, it would probably be best to get together with the other neighbors affected and get an injunction against the guy and make him take the fence down now. If you sit on your rights, he might have a claim in ten years.
Do consult a lawyer soon on this matter. It probably won’t go away by itself.
Why exactly did you allow him to build a fence on your land for ten years.