Hi, In the last 2 weeks my neighbor had a survey done & there are like 5 stakes inside bordering my steps & driveway inside the fence line. I bought the house about 18 months ago on a lease purchase so did not do a survey, but was told that the fence was the boundary. The fence has been there for 20 years & the previous owners told me that the next door neighbor had a survey done & placed the fence on the this line. So everyone knew that there was an issue & felt that the fence was the correct line. The neighbor is now trying to get me to pay for the piece of land which is really about 5 feet wide at the widest part & about 30 feet longest. I am trying to understand what I can do legally? Is there anyway I can go down to the city & place a claim / ? for a dispute?
City of Atlanta, Georgia
No, you cannot go down to the city and place a claim. All that would do is make some city functionary as confused as you are.
HOWEVER, you are likely in good shape ownership wise. Meaning up to the fence line.
Just forget about this business of past and future surveys! Because if that fence has existed substantially as is for more than seven (7) years, and if during that period of time the abutting property owners and/or their predecessors by their words, acts or conduct have consistently treated, regarded and acknowledged that it represents the dividing line between the adjacent properties, IT IS THE DIVIDING LINE!
It is so because of a universal principle of real property law known in varying terms (but generally) "
boundary line established by acquiescence".
And in Georgia the principle is codified at
Section 44-4-6 of the Official Code of Georgia (OCGA) as cited in the Georgia Supreme Court cases of
Williamson et al. vs. Fain et al. Case No. S01A0878 (2001) and Cothran v. Burk, 234 Ga. 460, 461, 216 S.E.2d 319 (1975)
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That is the A side. The B side is that if you wish to have your ownership of the disputed strip made a matter of record, like being able to convey marketable title to someone else, then you'll need to quiet title to it in your name. And that legal process is an expense, paper eating, industrial size pain in the ass.
But if have your heart set on it, then see your lawyer and be prepared to further enrich him.
