Thursday, September 16, 2010

Getting Your Driveway Back

Have you ever been confronted with a situation where your neighbor's fence, retaining wall, or some other "obstruction" blocks your private right of way? If so, your local probate court may be the place for you.

This is an interesting legal issue because most issues regarding real property (real estate) are reserved to the Superior Courts. However, O.C.G.A. 44-5-59, provides for jurisdiction in the Probate Court of the County in which the obstruction is located to handle requests to remove obstructions across rights of way. This means if someone blocks your driveway, road, or other path, the probate Court may be the place for you.

This often comes up in situations where someone has obtained a private right of way by prescription. You can acquire a right of way through prescription by showing: 1) that the private way has been in continuous, uninterrupted use for seven years or more, and not steps were taken to prevent enjoyment of the same; 2) that the use of the easement was kept open and in repair; and that 3) the easement did not exceed 20 feet in width. This is a bit different in wild lands, but for most of us in suburbia that doesn't make much of a difference. Basically, the idea is if you use something long enough, the law gives you ownership. This is because we, as a society, favor development and reward those who utilize land.

If you ever have a situation where a path, or road, you have used is blocked. Give us a call, we may be able to have the obstruction removed.


The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.

Monday, August 30, 2010

Good News! Drinking is Good for You!


BUT! It is very bad for you if you drink and drive, are pregnant, or are prone to engage in poor dance moves. For example:




The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.

One in Six Receive Government Aid

The government is succeeding in making a vast number of Americans dependent upon it for survival. This is not sustainable.



The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.

Tuesday, August 10, 2010

One Way to Quit Your Job


As fun as this sounds, "fun" probably won't work as a defense in his criminal case...



The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.

Friday, August 6, 2010

Tip of the Day: Leave Your Weed Outside When You Go To Court



The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.

Justice Leah Sears


Henry County Bar Meeting, August 4th 2010


Friday, July 30, 2010