1) Abandoned Alleys: There is an old abandoned alley or street abutting the property.  Who owns the abandoned property?

• Over long periods of time, adjoining owners have used the abandoned property as their own.
• The abandoned alley or street belongs to the municipality.  However, in most instances, upon request, the municipality will divide the abandoned alley in half and deed to the adjoining property owners.  

2) Easements: A neighbor has built his driveway over your property.  What should you do?

• You can ask the neighbor to remove the driveway.
• Depending upon how long the driveway has been there, a prescriptive easement may have been created.
• You can sell (or give) them an express easement, which defines the rights given (such as duration, assignment rights and maintenance). 
• You can sell (or give) them the piece of property over which the drive passes.

3) Joint Driveways: A driveway runs up the property line and services both adjoining owners.  What are each owners rights?   

• If a Joint Driveway agreement does not exist, the respective parties' rights may be difficult to determine.
• If no agreement exists, then the two neighbors should come to an agreement as to use, parking rights and maintenance.  The agreement should be recorded.

4) Boundary Line Agreements:  A neighbor builds a fence over the property line.  Can the owner whose property that the fence encroaches upon lose property rights to land owned on the wrong side of the fence?

• When there is a fence that is built over a property line, the adjoining property owner has exerted control over land that is not his and could eventually claim rights to the property by adverse possession.
• The rightful owner can either demand that the fence be removed, or
• If the rightful owner likes the fence or otherwise consents, rather than having the fence removed, the parties can enter into a boundary line agreement that sets out on the record that the fence is allowed to remain but that the rightful owner and the neighbor agree that the use is consensual and not adverse and that no rights to the property are being relinquished by the rightful owner.

   

 
Missed a past eNewsletter or want to review a past article? McManamy McLeod Heller archives all of our past eNewsletters on our website at www.mmhfirm.com. Visit the site and click on the "View Our eMail Archive" button.

 

 

MMH Has 3 Locations to Serve Your Needs    

3520 Piedmont Road NE, Suite 110

Atlanta, Georgia 30305

Phone:  404-442-6600

Fax:  770-351-0940

 

621 North Ave NE Suite C100

Atlanta, Georgia 30308

Phone:  404-502-3334

Fax:  1-866-898-1099

 

 

 

Sincerely,
  Patrick McManamy
  Bren McLeod
  Kati Heller