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Creditor’s Rights to Property Held in Joint Tenancy

Creditor Joint Tenancy Right of Survivorship

When a debtor dies, his liabilities are not automatically extinguished. In many cases, the debt remains the obligation of the surviving spouse or the estate. The claims of creditors present a conflict with the rights of joint tenants when the…

Elements of a Slander of Title Claim

Malice Slander of Title Special Damages

A slander of title claim requires that an individual publish a false and harmful statement about the property of another party that negatively impacts the value of the property. An action for slander of title usually arises when another party…

Water Rights as Property Rights in Georgia

Property Rights Real Estate Law

Landowners in Georgia are deemed to have certain rights to water. The courts have established that water is an aspect of private property that is subject to its own form of protection. The rights of ownership to water depends on…

Using a Kick-Out Clause in a Contract

Contingency Kick-Out Clause

Some sellers may request a kick-out clause in their purchase contract. A kick-out clause gives the seller the right to “kick out” the buyer who has contingencies in the contract under certain conditions if the seller receives another offer. A kick-out clause…

Restrictions on the Rights of an Easement Grantor

Easements Property Owners

When a grantor confers the right to use an easement to another party, the easement holder obtains a nonpossessory interest in the property. This means that the easement holder may continue to make use of the land and to exclude…

The Process of HOA Foreclosures in Georgia

Foreclosure HOA

Once a member of a homeowners association (HOA) or condominium association (COA) defaults on an assessment, a lien attaches to the property by default and the HOA or COA may foreclose on the property. An HOA and COA is permitted…

Water Damage and Neighbor Disputes

Civil Litigation Property Owners

Disputes between neighbors can arise when one or both of the property owners experience water damage. Water damage can result from either natural or artificial causes, and may include damaged retaining walls, faulty drainage mechanisms and run-off from excess water.…

Understanding Georgia’s Nuisance Laws

Nuisance Property Owners

If a barking dog, too many cars on your street, or water runoff from your neighbor’s yard are irking you, you may be wondering if there is anything you can legally do to remove or stop the offending behavior. These…

Resolving Commission Disputes Between Brokers and Agents

Arbitration Brokerage Law Procuring Cause Real Estate Law

Commission disputes between agents often arise in real estate purchase transactions, particularly those that involve ancillary agreements. This can occur when agents agree to split the commission on a listing or to share the buyer on an open house. When…

Blog

Creditor’s Rights to Property Held in Joint Tenancy

Elements of a Slander of Title Claim

Water Rights as Property Rights in Georgia

Using a Kick-Out Clause in a Contract

Restrictions on the Rights of an Easement Grantor

The Process of HOA Foreclosures in Georgia

Water Damage and Neighbor Disputes

Understanding Georgia’s Nuisance Laws

Resolving Commission Disputes Between Brokers and Agents

What is “Normal Wear and Tear” in a Rental Property?

The Enforceability of Oral Contracts in Georgia Courts

Falling Trees: Who is Responsible?

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