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A Blog about Real Estate, How it Can Be Damaged, and Disputes Over its Transfer

This blog is a personal blog written to discuss legal issues affecting Georgia property, and how it is damaged, transferred, and fought over. I write this partly to keep abreast of the law, and partly to offer a forum for my writing. In order to find content, I often analyze Georgia Supreme Court decisions. I try to update this blog as I can, but writing is a time consuming process.

Monday, July 16, 2012

Construction on a Property Without Owning It

In an opinion issued on July 2, 2012, the Georgia Supreme Court addressed an instance in which a would be property owner built a house on the wrong lot.  The Court also addressed the issues that arose when a holder of a tax deed and quitclaim deed to the lot sought to quiet title the lot. 

The opinion indicated that even where a person has not established adverse possession to a property for the statutorily required period of 20 years, that person may still have a claim to title if the value of the improvements he made exceeds the value of the property and other due rents, and if the legal title holder does not elect to pay for the improvements.  The case in which this opinion was addressed was Small v. Irving, Slip Op., Appeal No. S12A0182 (Ga. Sup. Ct., July 2, 2012).

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