Boundary dispute with a neighbour: what to do under Georgian law

What to do

1. Qualify the problem: a fence moved over the line / a structure on the boundary / overlapping cadastral survey. Object in writing to the construction immediately: an unintentional encroachment of a structure onto a neighbouring plot must be tolerated if no objection was made in advance or immediately upon discovery (Civil Code of Georgia, Art. 179); otherwise only compensation is available: the violator pays the neighbour monetary compensation annually in advance (Civil Code of Georgia, Art. 179).
2. Documents: registry extracts and cadastral plans of both plots. Registry entries are presumed accurate until their inaccuracy is proven (Civil Code of Georgia, Art. 312). Registry error: the registry must correct a technical error (inaccurate transfer of data, calculation) upon discovery (Law of Georgia on Public Registry, Art. 28). Another person's registration over my land: the decision of the registering authority is appealed within 30 calendar days from official notification; a registration decision is challenged in court (Law of Georgia on Public Registry, Art. 29).
3. Boundary: if the exact boundary cannot be established, the actual possession of the neighbours decides (Civil Code of Georgia, Art. 181); if possession cannot be established either, the disputed strip is divided equally; if that is unfair, the court establishes the boundary at a party's request (Civil Code of Georgia, Art. 181). Before going to court, propose jointly installing boundary markers: you can require the neighbour to take part in installing or restoring boundary markers; the costs are split equally (Civil Code of Georgia, Art. 181). A fence dividing the plots is presumed to be jointly owned; it may not be removed or altered without the neighbour's consent (Civil Code of Georgia, Art. 182).
4. Claim at the location of the plot: the owner reclaims the seized strip from the holder without right (Civil Code of Georgia, Art. 172); for other interference (fence, structure), demand its removal, and if it continues, sue (Civil Code of Georgia, Art. 172) (moving or demolishing the fence). Evidence: a geodetic survey. A party submits its own expert's (surveyor's) report with the claim or objection, or at the case-preparation stage (Civil Procedure Code of Georgia, Art. 162). If construction is under way: securing the claim by a prohibition on the defendant performing certain actions (continuing construction) (Civil Procedure Code of Georgia, Art. 198). Mediation: the court may refer neighbour disputes to court-annexed mediation (Civil Procedure Code of Georgia, Art. 187³).
5. Where to apply: district (city) court; National Agency of Public Registry (correction of errors); court-annexed mediation.
6. Evidence: registry extracts and cadastral plans of both plots, old plans or measurements, photos of the fence before and after, witnesses, geodetic or expert report, written objection to the neighbour.
7. Pitfalls: staying silent while the neighbour builds on the boundary, as the structure may not later be removed; demolishing the neighbour's fence on your own; bringing the expert evidence only to the main hearing; missing the deadline to appeal the neighbour's registration.

Be sure to check

• immediate objection to construction on the boundary (otherwise it must be tolerated in exchange for compensation)
• evidence of the boundary: registry and cadastre, a timely geodetic expert report
• rule of actual possession / equal division / court decision
• claim to recover the strip and remove obstacles; securing the claim
• correction of a registry error and appeal against another person's registration