Easements, encroachments

[Landowner]

I live in Georgia and have a small piece of property with a 30'road front. The owner of the property next to mine with a 150'road front paved a driveway across a portion of my lot at the road. All of this was done many years ago prior to my owning the property.

I would like to fence and gate my lot at the road which would eleminate a portion of the neighbors drive. He would still have access to his property from the road from his own frontage although he would have to pave it.

May I legally construct the fence if it eleminates access to the drive and requires that other arrangements be made by the neighbor? If not, Can the neighbor repair and repave the drive across my property?

Thanks for you help.

Landowner

 

[Tracey]

Talk to your neighbor. He may be willing to move the driveway if you give him some time to install the new drive. If he claims he has a right to keep the driveway where it is, demand he show you the signed easement. If he can't produce one, sue him to 'quiet title' to the driveway on your land. Call a real estate lawyer to find out GA's statute of limitations to quiet title to land.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.