Legal Question in Civil Litigation in Georgia
Fence problem with neighbors
Our neighbors built a stockade fence. Even though it is on their side of the property line, the nails from the fence boards protrude through the rails of the fence, sticking out about a half of an inch. One of our two dogs has already been scraped by these nails, not requiring medical attention.
My question is: If one of our dogs is seriously injured and requires medical attention is the neighbor liable? We have asked them on several occasions to correct this problem and they have refused.
Thank you,
Steve Van Dam
2 Answers from Attorneys
Re: Fence problem with neighbors
I would need more specifics. Ideally, I would want to actually look at the situation. If the nails don't protrude across the property line, then your dogs may have trespassed because they would have to be on your neighbor's property to be injured. Maybe you and your neighbor could just hammer the nails flat.
Re: Fence problem with neighbors
It depends on the situation. For example, if your dogs are on their property, it would be difficult to recover. If the nails are on your property, you need to make a demand for them to remove the nails. If you allow them to trespass, they might have a future claim allowing the trespass.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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