Real Property Law
Comprehensive Real Estate Litigation
At the North Georgia law firm of Vaughan & Evans, LLC, our Real Property Litigation practice focuses on protecting private property rights. We handle disputes between private land owners as well as disputes with government entities, utility companies, or commercial development firms.
Experience With All Types of Real Property Disputes
Eminent Domain: Eminent domain (also called condemnation) is a legal process wherein a government entity or quasi-government entity (such as a power or utility company) takes private property for public use. Public uses may include building or changing roads and intersections, running water, and sewer easements, or erecting dangerous and invasive power lines. Takings of private property often have adverse effects on property owners. These adverse effects vary greatly but can range from serious devaluation of the remaining parcel of land to harming the property owner's business operations on the property.
Title Issues and Boundary Line Disputes: Issues with property titles and boundary lines often arise days, months, or years after the property closing. Common triggers include encroaching fence lines, conflicting surveys, misplaced boundary markers and pins, or inaccurate legal descriptions in deeds.
Nuisance and Trespass: A nuisance is a property intrusion that interferes with a private property owner's use and enjoyment of property. Nuisance issues may include noise, pollution, odor or flooding. Trespass, similar to nuisance, is an illegal physical intrusion onto private property. Trespass disputes may arise from encroachments across boundary lines, unlawful stormwater discharge or other illegal use of another's property.
Riparian Rights and Unlawful Water Discharge: Often, neighboring property owners, land developers, irrigation systems, or road construction projects make major water flow changes to surrounding property. When this occurs, private property owners may face flooding and erosion from storm water drainage or runoff, or they may lose existing waterways and structures across their property. Illegal water discharge onto private property can present both a nuisance and trespass, and illegal interference with existing waterways can violate a property owner's riparian rights, or rights to existing water flows.
Zoning: Private property rights are often affected by changes in zoning and land usage on neighboring property. Vaughan & Evans attorneys can represent property owners in obtaining or opposing rezonings and variances.
Easements and Covenants: Easements and covenants define the level and degree of access or control others may have over private property. These legal tools are often used to guarantee access for ingress and egress, locations for utilities, and use of property. The lawyers of Vaughan & Evans represent property owners when disputes arise concerning respective rights to property.
Schedule Your Initial Consultation
Contact our main office in Cartersville, Georgia office today to schedule an office appointment or set up an appointment at another convenient location. We will help you understand the legal issues involved in your case and what we can do to help. You can reach us toll free at 866-765-5173 or via e-mail. We are pleased to offer all consultations by appointment at convenient times.
