Property line and boundary disputes often arise between neighbors in Georgia. Problems requiring legal counsel can arise where one landowner has encroached on another person's property due to a mistake or intentionally. The way the law works, property owners must be vigilant and protect their property boundaries against encroachment. Continued maintenance of a fence or road over time can result in changes to the boundary a land owner may enjoy.
Boundary disputes often arise because land lines are a fiction based on marking and plats. Iron pins marking corners can be lost or stolen, and mistakes or confusion created by surveys can leave property owners uncertain regarding what they actually own.
Boundary lines can also be implicated regarding easements and roads, which bisect property and can affect tract size. Boundaries affect the quantity of acreage owned as well. In addition, zoning disputes can arise in connection with disputes over boundaries since setbacks are measured from property lines. Sometimes, a developer of a neighboring tract of property may try and use vague boundaries to enlarge a tract to help in compliance with zoning setbacks.
Claims to settle boundary disputes are often made in the form of quiet title or quia timet, trespass, and declaratory judgment actions. The laws regarding the procedure and substantive rights regarding boundaries are complicated and land owners must consult attorneys.
The attorneys at the law firm of Teague & Chambless, LLLP have years of experience in litigating disputes regarding boundary issues and in advising clients regarding their boundaries. The firm has worked with surveyors and engineers on these claims, and the firm generally has at least one property line dispute in litigation at any one time.
The remedies for these disputes can involve damages, but they primarily involve land owners who are attempting to obtain certainty regarding what they own.
