Property Line Laws in Georgia

Georgia property line laws must be navigated across 159 counties — the second-most in the nation — each with its own property records system. The state offers both a 20-year general adverse possession period and a shorter 7-year period under color of title. As a closed-range state with extensive timber land, boundary disputes frequently involve tree cutting liability and the treble damages available under Georgia's timber trespass statutes.

Fence Laws in Georgia

Fence laws determine who is responsible for building and maintaining boundary fences between neighboring properties. In Georgia, understanding these rules can prevent costly disputes with neighbors.

General Fence Law

Georgia follows: closed range statewide

Georgia is a closed-range state. Livestock owners must keep their animals fenced in. Georgia's partition fence statutes require adjoining landowners to maintain their respective portions of boundary fences. Failure to maintain a partition fence can result in liability for damage caused by straying livestock.

Notification Requirements

Georgia does not have a specific statewide fence notification requirement. Local ordinances in municipalities and counties may require permits and setback compliance.

Spite Fence Rules

Georgia does not have a specific spite fence statute. General nuisance law under O.C.G.A. § 41-1-1 may be applied to address fences erected solely for malicious purposes.

Adverse Possession in Georgia

Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly and continuously for a certain number of years. Understanding these rules is important for protecting your property rights.

Statute of Limitations: 20 years in Georgia

Requirements for an Adverse Possession Claim

Claimant must demonstrate actual, open, notorious, continuous, hostile, and exclusive possession for 20 years. Georgia also has a shorter 7-year period under color of title (O.C.G.A. § 44-5-161).

If you are a property owner in Georgia, knowing the adverse possession period helps you understand the importance of monitoring your boundaries and addressing encroachments promptly. Regular boundary checks can help protect your ownership rights.

Timber Trespass Laws in Georgia

Timber trespass occurs when someone cuts, removes, or damages trees on another person's property without permission. Georgia law provides significant penalties to deter this behavior and compensate affected property owners.

Penalty: up to triple damages

Statute Reference

O.C.G.A. § 51-12-50 provides for treble damages for willful timber trespass. Georgia also criminalizes timber theft under O.C.G.A. § 16-7-22.

To avoid accidental timber trespass, always verify your property boundaries before clearing trees or brush near boundary lines. Even unintentional cutting on a neighbor's land can result in significant liability.

Resolving Boundary Disputes in Georgia

Boundary disputes between neighbors are common and can arise from unclear property lines, encroaching structures, or conflicting surveys. Georgia offers several paths to resolve these disagreements.

Resolution Options

Boundary disputes are resolved through superior court. Georgia courts recognize the doctrine of acquiescence and boundary by agreement. With 159 counties, locating all relevant property records can be challenging.

Quiet Title Actions

Quiet title actions are filed in superior court under O.C.G.A. § 23-3-60 et seq. All known and unknown parties must be given notice, typically through service and publication.

The best way to prevent boundary disputes is to know exactly where your property lines are. Having a clear understanding of your boundaries before issues arise saves time, money, and relationships with neighbors.

Property Easements in Georgia

An easement grants someone the legal right to use a portion of your property for a specific purpose. Understanding the easements that affect your land is essential for knowing your full property rights.

Common Easement Types

Common easements include utility easements, agricultural access roads, timber access easements, drainage easements, and conservation easements. With 159 counties, easement records can be scattered across many jurisdictions.

Prescriptive Easements

Prescriptive Easement Period: 20 years in Georgia

A prescriptive easement can be established when someone uses a portion of your property openly and continuously for the statutory period without your permission. Like adverse possession, monitoring your property boundaries regularly can help prevent prescriptive easement claims.

How to Determine Your Property Boundaries

Knowing your exact property lines is the foundation of protecting your rights under Georgia law. Here are the most common ways to determine where your boundaries are:

Check county records — Georgia has 159 counties, many of which provide online GIS or parcel viewer tools where you can look up property boundaries by address.
Review your deed — Your property deed contains a legal description of your land with metes and bounds measurements or lot and block references.
Look for physical markers — Iron pins, concrete monuments, or survey stakes may mark your boundary corners from a previous survey.
Hire a licensed surveyor — The Georgia Board of Professional Engineers and Land Surveyors regulates land surveyors in Georgia. A professional survey provides a legally binding boundary determination.
Use ParcelVision AR — See your property lines overlaid on the real world through your iPhone camera for an instant visual understanding of your boundaries.

Visualize Your Boundaries Instantly

Before spending hundreds on a survey, use ParcelVision to see your property lines in augmented reality on your iPhone. Search any address in Georgia and walk your boundaries in minutes.

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Frequently Asked Questions

How long does adverse possession take in Georgia?

Georgia has two adverse possession periods: 20 years for standard claims, or 7 years if the claimant has written color of title. Both require actual, open, notorious, continuous, and exclusive possession.

What happens if someone cuts trees on my property in Georgia?

Georgia allows treble damages for willful timber trespass under O.C.G.A. § 51-12-50. Timber theft can also be prosecuted criminally under O.C.G.A. § 16-7-22, adding potential criminal penalties on top of civil liability.

How do I resolve a boundary dispute in Georgia?

Hire a licensed surveyor to establish the legal boundary. If the dispute continues, you can file a civil action in superior court or pursue a quiet title action. Georgia courts recognize acquiescence and agreed boundary doctrines.