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Church Property - Part 1

A Georgia court ruled that a neighboring landowner had a legal right to build a road across a church's property.

Key point 7-18. Churches can lose a portion of their property to a neighboring landowner as a result of "adverse possession," if the neighbor openly and adversely occupies church property for the length of time prescribed by state law.

* A Georgia court ruled that a neighboring landowner had a legal right to build a road across a church's property, and that this right had not been lost through adverse possession or abandonment. From 1968 to 1974, a church owned a 6-acre tract and an adjacent 18-acre tract. In 1974, the church executed a deed conveying the larger tract to a local business. The deed to the local business stated that the conveyance included "an easement 40-feet in width, said easement to be used only as a public street or road" across the 6-acre tract. Over the next few years, the 18-acre-tract including the easement was conveyed a number of times, and eventually ...

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Posted:
  • July 1, 2002

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