Property Line Disputes in Georgia: What You Need to Know

Common Causes of Property Line Disputes

Property line disputes are more common than most people realize, and they can happen in any neighborhood, from rural Polk County to suburban Cobb County. At S&S Land Surveying in Cedartown, Rome, GA, we have seen disputes arise from all of the following situations:

• Fences built in the wrong location -- A neighbor installs a fence based on a guess about where the property line falls, and it ends up on your land (or vice versa).
• Trees and landscaping -- A large tree straddles the property line, or a neighbor clears vegetation that was actually on your property.
• Driveways and outbuildings -- A shed, driveway, or garage extension encroaches onto the neighboring parcel.
• Contradicting deeds -- Older deeds in Georgia sometimes contain vague or overlapping legal descriptions, especially in rural areas where "metes and bounds" descriptions reference landmarks that no longer exist.
• New construction -- A neighbor builds close to what they believe is the property line, prompting the adjacent owner to question the placement.

How a Professional Survey Resolves Disputes

A boundary survey performed by a licensed Professional Land Surveyor is one of the most reliable ways to settle a property line question. Here is why:

• Legal authority -- In Georgia, only a licensed PLS can legally determine property boundaries. The survey plat they prepare is admissible in court and carries the weight of professional opinion.
• Deed research -- The surveyor researches the chain of title, prior surveys, and county records to understand the legal description and history of the property.
• Physical evidence -- The survey crew locates existing markers (iron pins, monuments, rebar) and evaluates whether they are in the correct positions.
• Clear documentation -- The final plat shows the boundary lines with precision, giving both parties an objective reference point.

In our experience, the majority of property line disputes are resolved once both parties see the results of a professional survey. The facts on the plat speak for themselves.

Adverse Possession in Georgia

One factor that can complicate property line disputes is the doctrine of adverse possession. Under Georgia law (O.C.G.A. 44-5-161 through 44-5-165), a person may claim ownership of land they have occupied without permission if certain conditions are met:

• 20-year rule -- The claimant must have occupied the land openly, continuously, and exclusively for at least 20 years.
• 7-year rule (color of title) -- If the claimant holds written evidence of title that appears to give them ownership, even if that document turns out to be defective, the required period drops to 7 years.

Adverse possession claims are complex and involve both factual evidence (which a surveyor can help establish) and legal arguments (which require a real estate attorney). If you believe someone is claiming part of your property through adverse possession, the first step is to have a survey done to document the actual boundary.

Surveyor First, Lawyer Second

When a property line dispute arises, many people assume they need to hire a lawyer immediately. In most cases, the smarter first step is to hire a surveyor. Here is why:

• A survey is a modest, one-time cost for a standard residential lot. Attorney fees for a boundary dispute can run into the thousands.
• If the survey clearly shows who is right, the dispute often ends without any legal action.
• If the dispute does go to court, the attorney will need a survey anyway. Having it done upfront saves time and money.

If the survey results do not resolve the matter, the next step is typically mediation. Georgia courts encourage mediation for property disputes, and it is significantly cheaper than a full trial. Only if mediation fails should you consider litigation.

Protect Your Property Today

Whether you are already in a dispute or want to prevent one before it starts, a professional boundary survey from S&S Land Surveying gives you the clarity you need. With over 40 years of experience and deep familiarity with Georgia county records, we can help you establish your property lines with confidence.

We also offer property line marking services that make your boundaries visible in the field, not just on paper.

Frequently Asked Questions

Need help with a boundary dispute? Call S&S Land Surveying at 678-873-3119 or request a free estimate online.