Legal Question in Real Estate Law in Georgia

I bought a 5 acre lot with house, which was originally part of a 23 acre parcel. My 5 acre lot is in the center except for the western side, which borders a road. The only existing access to the back of the remaining 18 acre parcel (no structures) is a dirt lane through my 5 acres. There is room to the east of my lot for a road, but clearing and tree removal would be required. Can I legally prevent access through my property by gating the entrance to my 5 acres?


Asked on 9/09/12, 4:33 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your question tells us a horrible unfixable mistake you made. Before you buy any property you ALWAYS hire your own lawyer to review everything (and to look at the title search). Because there may or may not be easements and because o the obvious concerns here, he and you would have looked closely at easements (or lack of them) that decide what you can and cannot do about access.

You will need to retain a lawyer now to do what you should have done before you purchased and he will tell you if you can or cannot. If you put a gate and shouldn't, you can be sued.

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Answered on 9/09/12, 7:12 am


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