Easing Into it: The Basics of Easements
What do you call it when you do not own a specific parcel of private property, and you don’t occupy it, nor do you have the right to possess it, but nevertheless you can use and enjoy it? Give up?…
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A Parting of the Ways: General Concepts of a Partition Action in Real Estate Law
When a marriage falls apart you get divorced. When business partners fall out, they dissolve the partnership. But what happens when two or more people who own the same piece of property want to split up and go their separate…
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If You Just Bought a House at Tax Foreclosure, Here’s Some Information About of Georgia’s Quiet Title Laws
Buying foreclosed tax-sale residential property can seem like a “get rich quick” scheme. You think all you have to do is buy real estate at a tax sale for the amount of unpaid taxes (plus a few other costs), and…
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Whose on First? A Brief Explanation of the Parties Involved in Most Home Loan Transactions and Foreclosures
Sometimes it gets confusing figuring out who’s who in real estate transactions. So in today’s post, we thought we would give you a brief lineup of the players involved in most home loan or foreclosure situations. Parties in a Home…
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Two Things That May Help You Avoid Foreclosure
Foreclosures in Georgia move pretty quickly. Because Georgia is a “nonjudicial” foreclosure state, the vast majority of foreclosures are processed, you guessed it, non-judicially. In other words, the entire process is handled without the need to go to court. Essentially,…
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Just How is “Just Compensation” Determined in an Eminent Domain Proceeding?
You might not mind taking “the fifth,” but not too many people are happy when the Fifth Amendment’s Taking Clause applies to them. As you may know, the United States Constitution prevents the government from taking private property for public…
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Should I Challenge an Assessment of my Property?
A property assessment provides an approximation of the value of your property in order to estimate property taxes. This is known as an “appraised value.” The County Assessor is typically responsible for conducting the assessment. Unlike an appraisal, which is…
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Georgia’s Eviction Notice Procedures
Georgia law authorizes landlords to evict a tenant for failure to pay rent in a timely manner. Before an eviction lawsuit is initiated, the landlord must provide notice to the tenant that rent is due and the tenant must fail…
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Advantages of Opting in to the Georgia Property Owner’s Association Act
The Georgia Property Owners’ Association Act (Act) was passed in 1994 to codify certain provisions for governing the association including collecting assessments, voting, notice of meetings, and the powers of the association. Every homeowner’s association (HOA) is required to pass an amendment…
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What Can HOA Members do When Owners Fail to Pay Dues?
Members of a homeowner’s association (HOA) generally assume that fellow member will pay their dues and assessments. HOA dues are collected for the purpose of managing the development and repairing common areas. If the HOA fails to collect adequate dues,…
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Balancing Interests in a Nuisance Claim
A landowner enjoys specific rights granted by law with respect to his land. Namely, a landowner is entitled to use and enjoy his land in comfort and convenience free from the interference of any other individuals. A private nuisance occurs when there…
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What Disclosures Must a Residential Landlord Make to Tenants?
Residential landlords must make certain disclosures to tenants. These disclosures are generally written in the lease. If a landlord fails to make required disclosures, he can incur fees and potential legal ramifications for violations of state and federal law. Certain…
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