Boundary Disputes are among the most common and complex categories of real estate conflicts in Georgia. These disputes arise when owners of adjacent land plots disagree on the location of the dividing line. The problem is often caused by inaccuracies in old cadastral surveys, inconsistencies between actual usage and registered boundaries (so-called "overlap"), or simply a neighbor arbitrarily moving a fence. A boundary dispute can last for years, ruining neighborly relations and hindering property sales or construction. In such cases, not only a good lawyer but also the involvement of a qualified surveyor and expert is essential. Legal.ge offers access to real estate law specialists who will help you clarify boundaries, correct overlaps, and protect your property rights.
What Does Boundary Dispute Service Cover?
This service combines legal and cartographic expertise. Lawyers work on the following issues:
- Correction of Overlaps: Situations where, in the Public Registry, the boundary of one plot "overlaps" another. The lawyer manages the process at the Registry and court to fix this error.
- Boundary Determination (Demarcation): Determining the exact coordinates of the disputed boundary through the court based on historical documents and expertise.
- Demolition of Illegal Structures: If a neighbor has built a fence or building on your territory, filing a lawsuit to remove the obstruction and demolish the structure.
- Mediation between Neighbors: Negotiating to find a compromise (e.g., boundary adjustment or compensation), which is cheaper and faster than litigation.
- Challenging Registration: Appealing a Public Registry decision if a neighbor illegally registered part of your land.
Real-World Scenarios Where You Need This Service
For example, you decided to build a house, and during a topographic survey, you discovered that your neighbor's fence encroaches 2 meters into your plot. The neighbor claims the fence has "always been there." Registry data favors you, but the factual situation does not. A lawyer will help you file a vindication lawsuit (reclaiming property from illegal possession). Another case: you want to register land, but the Registry tells you there is an "overlap" with a neighbor. The neighbor refuses to consent to a correction. You need a lawyer to prove the correctness of your boundary in court and invalidate the neighbor's incorrect registration.
Georgian Legal Framework
Boundary disputes are regulated by the "Civil Code of Georgia" (neighbor law, property) and the "Law on Public Registry". Article 180 of the Civil Code (Boundary Determination) is important, stating that if the boundary is unclear, factual possession is decisive, and if that cannot be determined, the disputed part is divided equally. Special instructions on cadastral survey drawings also apply. Since 2021, the systematic land registration reform has been in effect, which has generated many disputes but also created new mechanisms for their resolution.
The Process Step-by-Step
1. Surveying: Preparation of a new cadastral drawing by a qualified surveyor. 2. Situational Plan: Requesting information from the Registry regarding overlaps. 3. Negotiation: Attempting to agree with the neighbor (often with the surveyor present). 4. Mediation: Using Notary Chamber or court mediation (mandatory for land disputes in certain regions). 5. Court: Filing a lawsuit for boundary determination or removal of obstruction.
Why Choose a Specialist on Legal.ge?
A land dispute is not just a legal issue; it is geometry and law combined. On Legal.ge, you will find lawyers who understand cadastral maps and work closely with top surveyors. The right drawing and the right lawsuit — this is the formula for success.
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