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Land Border Issues & Aggressive Neighbor - Help Wanted Please

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  • Land Border Issues & Aggressive Neighbor - Help Wanted Please

    Law Gurus, asking for some advice. My wife and I bought our home 7 years ago and all is well. Two years ago our neighbor who moved in after us; said that a part of our driveway is on their property. Our homes are separated by a fence which has probably been there 10+ years and the driveway is on our side of the fence so we assumed part of our land. When we had a survey completed, it indeed confirmed that about 10 sq ft of the drive way is on his land (he has a total of 50000+ sq ft in his land/1 acre) and another 1500sq/0.03 acres ft on what I thought was my land on my side of the fence does belong to my neighbor. We started down the path of land acquisition, however my title company stated the neighbor had an IRS lean and we could not proceed. I have tried to be amicable but his aggressive response has always been we either buy the land or he will build a fence on his land across the front of our home (over text messages).

    Fast forward to now, we have gone back down the process as the IRS Lien is paid off on their home. We agreed I would pay for an appraisal as that is required for his mortgage loan modification process and that just came back this week. It values his land at $5500; however his response over text is that he spoke to his attorney (who has sent me a letter saying his client would like me to stop using the land or amicably buy it from him) and two local real estate agents and he values the land between $15,000 - $21,000 and he would only like offers on that range plus the cost of the surbveys which would be around $3k on top. We are based in Georgia...

    I am hesitant to spend thousands on legal fees and this feel like extortion so wanted to get the Gurus on this forum to give their thoughts.
    Thanks in advance.

  • #2
    It's not extortion. He's got you over a barrel. Pay what he wants or pay a lawyer and litigate. You'll probably end up paying a lot more if you litigate. But that's your choice. I wouldn't take another step without consulting a lawyer.


    • #3
      The guy sounds like a real a hole.
      Why is he like that. You too can make life miserable for him if need be.



      • #4
        Let HIM go to court and spend a fortune. I doubt he will.
        If need be you can go even without a lawyer and drain his bank account.



        • #5
          I wish to inform you that under Ga. Code Ann. § 44-4-7, Georgia will grant title where a “trespasser” has occupied land under “color of title.” Color of title is just a legal way of saying that an individual has some sort of legal documentation to support his occupation—for example, a faulty deed, or tax payment records. These types of documents tend to support an inference that the trespasser acted in good faith, and should be awarded possession. You may contact an attorney and seek guidance.



          • #6
            Can you re-work the driveway? Do you really need the disputed land?

            Also how many years has there been confusion about the line. If around 20 you might have some legal rights possibly.
            Also what about your seller? Is there some recourse there? Or your title company or seller's? Options may exist.



            • #7
              I would like to see a map buy I would just give up on that 10 sq feet. If at all possible.


              • #8
                I don't know why neighbors in those situations can't work out something that benefits everybody, that is by far the better to way to handle it. And to avoid cost of a battle that both sides end up having to pay.


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