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Good afternoon. If your neighbor has a survey showing the fence on their property, you have a couple of choices. You could simply move it relying upon their survey. Or, you could get your own survey and then if your survey disagrees with their survey, your surveyors can duel it out if you and your neighbor can't come to an agreement. With regard to your other neighbor, if he's not complaining, I would do nothing. Although you would ordinarily be beyond the statute of limitations with your fence company, you could nonetheless contest that based on the fact that it should not have been started until you had notice of the fact the fence was not installed base on the plat provided.
Your other option would be to try to claim ownership of the property in question through adverse possession
. Adverse possession is the process of claiming title to real estate
by taking it and occupying it for a period of time. Adverse possession requires the following conditions to be met: i) actual possession of the property; ii) open and notorious use of the property; iii) exclusive use of the property; iv) hostile or adverse use of the property; and v) continuous use of the property. In Georgia, the duration of such possession is seven (7) years under color of title and twenty (20) years in other cases. Georgia Code Section 44-5-163, 164. You would not meet the 20 year statute, but if your plat shows you actually own the property where the fence is located, you would be eligible for the short "color of title" time period. In order to claim title through adverse possession, one would need to file a suit to quiet title. Color of title means a claim to title which on its face appears to support a person’s claim to title, but is fact defective and therefore fails in establishing title to the real estate. Examples would be: i) a deed whose execution was defective or is in question; ii) a claim arising from another person’s Last Will and Testament, or iii) two or more persons have received separate deeds to the same parcel of real estate.
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