If you have never been involved in litigation before, you may not know what to expect. In today’s post we will give you some general guidance as to what is involved procedurally in a typical lawsuit. Lawsuit Basics. All civil lawsuits start with the filing of a complaint (or, in some instances, a petition). Essentially, […]Continue Reading... Comments Off on Anatomy of a Civil Lawsuit: What to Expect if You Sue or Get Sued
So, you think you want to become a Board Member of your Homeowner’s Association? Then you will want to make sure you clearly understand your duties—including your fiduciary duties. The Laws Governing Duties of Homeowners’ Association Board Members. In Georgia, where we practice, the law governing the creation and operation of homeowners’ associations (“HOA”) and […]Continue Reading... Comments Off on The Fiduciary Duties of HOA Board Members
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? It’s an easement. What Is an Easement? Property ownership and the conflicting rights of others […]Continue Reading... Comments Off on Easing Into it: The Basics of Easements
Private parties can negotiate land use agreements that specify how an individual is legally permitted to use and enjoy the property. Covenants, easements and licenses are methods of granting certain rights in connection with the property while retaining title to the land. The agreements vary in their formality and restrictiveness, and parties can choose which […]Continue Reading... Comments Off on The Differences Between Covenants, Easements, and Licenses
When you are granted an easement, you obtain a possessory right to use the property of another individual for a particular purpose. Easements, however, grant only possessory, and not ownership rights. The owner of the easement property remains the legal owner of the land, but cannot hinder the easement holder’s access or use of the […]Continue Reading... Comments Off on Easements and Tax Obligations
Kinder Morgan’s construction of the 360 mile Palmetto Pipeline includes 210 miles that traverse the state of Georgia. The pipeline project requires the company to purchase easements from property owners to install steel pipeline underground. These 50 foot easements would preclude property owners from using the land to plant trees and require landowners to obtain […]Continue Reading... Comments Off on Easements and Infrastructure Systems
Question: My neighbor claims that he can use the driveway on my property, but I never agreed to let him use it! Is he right? What can I do? Do I have the right to use my neighbor’s property? Answer: Unless you purchase a completely undeveloped piece of land, chances are that some person or […]Continue Reading... Comments Off on Easement Rights
Do I have to accept the Right of Way Acquisition offer from the county or donate my property because they asked me to? You have a constitutional right to be paid just and adequate compensation for any property rights taken from you by the government. During these tough economic times, governments have been searching for […]Continue Reading... No Comments.