Land Litigation

Land Litigation

Handling Private Property Disputes Across Georgia

The lawyers of Evans & Rhodes, LLC represent private property owners with legal issues involving titles and boundaries, nuisance and trespass, riparian rights, unlawful water discharge, zoning and variances, easements and covenants.

Title Issues and Boundary Line Disputes

Issues with property titles and boundary lines often arise days, months, or years after the property closing. Common triggers include encroaching fence lines, conflicting surveys, misplaced boundary markers and pins, or inaccurate legal descriptions in deeds.

Nuisance and Trespass

A nuisance is a property intrusion that interferes with a private property owner’s use and enjoyment of property. Nuisance issues may include noise, pollution, odor or flooding. Trespass, similar to nuisance, is an illegal physical intrusion onto private property. Trespass disputes may arise from encroachments across boundary lines, unlawful stormwater discharge or other illegal use of another’s property.

Riparian Rights and Unlawful Water Discharge

Often, neighboring property owners, land developers, irrigation systems, or road construction projects make major water flow changes to surrounding property. When this occurs, private property owners may face flooding and erosion from storm water drainage or runoff, or they may lose existing waterways and structures across their property. Illegal water discharge onto private property can present both a nuisance and trespass, and illegal interference with existing waterways can violate a property owner’s riparian rights, or rights to existing water flows.


Private property rights are often affected by changes in zoning and land usage on neighboring property. Evans & Rhodes, LLC attorneys can represent property owners in obtaining or opposing rezonings and variances.

Easements and Covenants

Easements and covenants define the level and degree of access or control others may have over private property. These legal tools are often used to guarantee access for ingress and egress, locations for utilities, and use of property. The lawyers of Evans & Rhodes, LLC represent property owners when disputes arise concerning respective rights to property.

Schedule Your Initial Consultation
Contact Evans & Rhodes, LLC today to schedule a consultation on your eminent domain or private property rights concern. We take appointments in either of our North Georgia law offices: Cartersville, Ga. 770-382-4374 or Marietta, Ga. 770-590-1529. You can also e-mail us to make an appointment.

Evans & Rhodes, LLC, serves clients throughout the state of Georgia, including North Georgia, Metro Atlanta, Central Georgia and South Georgia.

Our Eminent Domain Attorneys are experienced in dealing with the following issues resulting from condemnation or property rights infringements: powerlines, encroachment, electric ground currents, public utilities (TVA, GTC, Georgia Power, Georgia Department of Transportation, GDOT), highway and road construction, overbroad taking, excessive taking, Title 22, Title 32, business loss, consequential damage, condemnation blight, severance damages, displaced businesses, ambiguous easement terms, right of access, landowner’s rights, mistreatment of landowners and speculative damages.

Evans & Rhodes, LLC.

Cartersville Office
117 North Erwin Street
Cartersville, Georgia 30120
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Marietta Office
376 Powder Springs Street
Suite 230
Marietta, Georgia 30064
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Post Office Box 3022
Cartersville, Georgia 30120


Evans & Rhodes, LLC, serves clients throughout North Georgia and Metro Atlanta including the communities of Cartersville, Woodstock, Marietta, Rome, Smyrna, Canton, and Dalton as well as Bartow County, Floyd County, Cobb County, Cherokee County, Paulding County, and Whitfield County.