How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37713
Experience:  Texas Attorney for 30 years dealing in real estate
8534270
Type Your Real Estate Law Question Here...
Ray is online now
A new question is answered every 9 seconds

Past 23 years I have had a fence around my back yard and

Customer Question

For the past 23 years I have had a fence around my back yard and recently had a survey done. On one side, a small portion of the fence is on the neighbor yard ( about 12 ft over). The neighboring property has gone thru 2 owners over the 23 years and nobody has ever raised any question about the fence. I am getting ready to sell my home and I assume I have a easement by prescription. What should I do in preparation for my home sale?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.

You would have to file suit to quiet title to claim such an easement or the property itself by adverse possession.You have to decide if you can resolve it with neighbor, file such a suit, or move the fence.Honestly if you cannot resolve it with neighbor by easement it may be cheaper and faster to move the fence to comply with the property line.

You may well have a valid claim here to assert, but it has to be done through the courts , the court has to award you an order grating you the easement or possibly title to the disputed area.Again you may not want to hear this, please don't shoot the messenger here but you either resolve it or move it if you want a quick sale.A lawsuit here to quiet title involves legal fees and time even if you prevail, it would affect and possibly hold up a sale.It amounts to encroachment, such an easement without an order would not be recognized by a title company.

You make the choice here, resolve it with neighbor, move it , or file suit to quiet title claiming the property here.These are your choices under Georgia law.

I appreciate the chance to help you today.Please let me know if you have more followup.Thanks again.

Expert:  Ray replied 10 months ago.

Reference to Georgia law on suit to quiet title..

http://pftlegal.com/wp-content/uploads/2012/12/CuringTitleProblems.QuietTitle.Paper_.Final_.pdf

Thanks again.

Related Real Estate Law Questions