Introduction
Real estate law is the name given to the branch of civil law that covers rights to possess, use, and enjoy land and the permanent man-made additions attached to it. This includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community, landlord and tenant relations, the transfer of interests in real property, and real property financing, including deeds and mortgages.
Real estate transactions, such as purchases, sales, and leases, are governed by federal and Georgia state law.
A variety of dispute resolution procedures are available in disputes that arise out of or relate to real estate transactions.
Recent Georgia Supreme Court Decisions:
- East Georgia Land and Development Company, Llc v. Baker Et Al. (Ga. 2010) More Information & Full Text
- Knox et al. v. Wilson et al. (Ga. 2010) (hiers dispute over former Georgia governor's land containing valuable minerals for mininig) More Information & Full Text
- Kaplan et al. v. City Of Sandy Springs et al. (Ga. 2010) (whether developer properly dedicated a storm drainage pipe to county use) More Information & Full Text
- American Lien Fund LLC v. Dixon et al. (Ga. 2010) (Outlines Georgia law regarding real estate tax sales) More Information & Full Text
- Meadow Springs, LLC v. Ih Riverdale, LLC et al. (Ga. 2010) More Information & Full Text
- Witcher, Admr. v. Jsd Properties, LLC et al. (also S10a0054) (Ga. 2010) More Information & Full Text
- Price v. Price (Ga. 2010) More Information & Full Text
- Braley v. City of Forest Park (Ga. 2010) (city may prohibit display of retail merchandise on sidewalk with ordinance) More Information & Full Text
- Montgomery et al. v. Barrow et al. (Ga. 2010) More Information & Full Text
- Huff, Tax Commr. v. Harpagon Company, LLC (Ga. 2010) (means of collecting delinquent property taxes) More Information & Full Text
Top Rated Real Estate Law Resources:
Individuals may represent themselves in legal matters. Self-help should be considered when possible adverse consequences are relatively modest.
ADR Options for Real Estate Law:
- Mediation: Mediation is a recommended approach to resolving legal disputes before resorting to adversarial litigation. Mediation FAQ
- Arbitration: Arbitration is generally less expensive and time consuming than traditional litigation. Georgia law authorizes arbitration of a wide range of disputes. Arbitration FAQ
- Hybrid Mediation-Arbitration: Hybrid mediation-arbitration provides parties an opportunity to reach a voluntary settlement of some or all issues in dispute followed by arbitration of issues that the parties are unable to settle voluntarily.
- Case Evaluation: Case evaluation is an alternative dispute resolution method that is useful in the early stages of litigation.
- Discovery Audits or Masters: Discovery auditing service is available for litigated cases to help resolve complex discovery issues effectively.
Find Attorneys:
Use the Center for Legal Solutions Georgia Attorney Directory to locate attorneys with experience in this subject area. See Attorneys listed on the right side of this page.
Additional Resources:
Our legal community-driven guide highlights the most relevant, timely, and useful links available.
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