Real Estate Disputes
Land disputes carry a weight that other commercial conflicts do not. The asset is often a person’s largest investment, the rights at stake are fixed to a specific piece of property, and the outcome can be recorded against the title for everyone who comes after. Resurgens Legal Counsel represents owners, buyers, sellers, and neighbors across Georgia in disputes over title, boundaries, contracts, and the use of real property.
These cases reward command of the documents—the deeds, the surveys, the chain of title, the contract—and a clear theory of what the record actually establishes. We build that theory early and pursue the remedy that fits your goal, whether that is clearing a cloud on your title, forcing a sale to close, or stopping a neighbor’s encroachment.
What We Handle
We litigate the range of real property disputes, including:
- Boundary line disputes and encroachments
- Title disputes and quiet title (quia timet) actions to clear clouds on title
- Adverse possession claims—both establishing and defending against them
- Easement disputes, including access, scope, and obstruction
- Breach of purchase and sale agreements, and disputes over earnest money
- Specific performance—forcing a real estate contract to close
- Fraud, misrepresentation, and nondisclosure in real estate transactions
- Partition actions between co-owners who cannot agree on a property
- Commercial landlord-tenant disputes
Because most of these disputes begin with a contract, they overlap with our contract disputes practice; where construction or improvements are involved, with our construction and contractor disputes practice.
Title, Boundaries, and Adverse Possession
A surprising number of real estate disputes come down to a single question: who actually owns this, and what does the title record show? When that question is contested, a quiet title action is the mechanism for getting a court to settle it conclusively and clear competing claims from the record.
Adverse possession frequently sits at the center of these fights. Under Georgia law, a person who openly, continuously, and exclusively possesses land that belongs to someone else can acquire title to it—generally after 20 years, or after just 7 years where the possession is under “color of title,” meaning a written instrument that appears to convey ownership. These claims are fact-intensive and turn on the precise nature and duration of the possession, which is exactly why a careful reconstruction of the history and the record matters so much. Whether you are asserting such a claim or defending your property against one, the details decide it.
How We Approach the Work
We start with the documents and the survey, because in real estate the record usually frames what is provable. From there, the strategy follows the remedy you need. If you need certainty of ownership, that points toward a quiet title action. If you need a deal to close, toward specific performance—available in real estate cases precisely because each parcel of land is treated as unique. If you need a neighbor to stop an encroachment, toward injunctive relief. We identify the right remedy first and build the case to support it, rather than litigating broadly and hoping a remedy emerges.
Who We Represent
We represent property owners, buyers and sellers, neighbors, co-owners, and commercial landlords and tenants—on both the asserting and defending side of these disputes. If your title is clouded, your contract has fallen apart, or your property rights are being infringed, we pursue the remedy that resolves it. If a claim has been brought against your property, we defend it and, where the facts support it, press claims of your own.