When does a property owner in Georgia need to seek an injunction regarding an encroachment?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A property owner in Georgia should seek an injunction regarding an encroachment to prevent ongoing interference with their property rights. An encroachment occurs when a structure or improvement from one property extends onto a neighboring property, which can infringe upon the owner's use and enjoyment of their own land.

Seeking an injunction is a legal remedy used to address such an interference. By obtaining this injunction, the property owner can require the encroaching party to stop the offending behavior, restore the land to its original state, or potentially remove the encroaching structure. This legal action is crucial in safeguarding property rights and ensuring that one’s enjoyment of their property is not continuously compromised by another’s actions.

The other options do not accurately address the necessary context for seeking an injunction. Allowing an encroachment to continue would defeat the purpose of protecting property rights. Selling the encroaching property is unrelated to the issue of an existing encroachment, as it does not resolve the interference. Evicting tenants is also irrelevant in the context of an encroachment, unless the tenants are directly related to the issue, which is not typically the case. Thus, the focus on preventing ongoing interference with property rights aligns directly with the fundamental purpose of seeking an injunction in

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