Legal Question in Real Estate Law in Georgia
If an existing road which was shared by two property owners who once agreed to allow the other to use the road in past years. Recently, the land has been sold to a new owner. The road starts out on the new land owner's property and halfway into the woods the road crosses over on the other land owner and travel the rest of the distance toward a creek. Questions: If the new land owner does not agree to share the existing road any longer what right if any does the other land owner has in gaining access to his property? Can the other land owner continue to use the existing road because the road was there long before the new owner took possession of the property? Is there a law in place that will permit the other land owner to continue to use the existing road? Or should the other land owner cut a new road to gain access to his property?
1 Answer from Attorneys
You left out the information that would allow an answer:
1. How long was the usage?
2. Was anything recorded?
3. Is other access possible?
In these cases, the original parties should have seen a lawyer and prevented a dispute. Now everyone can see lawyers and spend a lot more to fix what may not have been done.
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