Legal Question in Real Estate Law in Georgia

"in 2002 Traton home builder and seller marked our boundary and we have planted leyland cypress and other trees in Sept 2002..

Now neighbor who bought house in 2003 after 12 years he got surveyed the property and all my trees are in their property. what we need to do? Does the Traton subdivision builder has any resposibility?

The trees are almost 50 feet away from the neighbor's home and 10 feet away from his fence. They say the trees are blocking the view of Kennesaw moutain and asking us cut the trees


Asked on 6/19/15, 10:31 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You are responsible for knowing the boundaries of your property, and you should have a survey from the purchase. If you bought the house without a survey, it was a mistake (same with neighbor). The neighbors have the right to cut down trees on their property (subject to local regulations on cutting trees). If they bought the house with the trees already there, I'd leave it up to them. If they owned the property when you planted, offer to pay half or more since you did trespass, however innocently. What would the builder be liable for?? They did not plant the trees. You have a much simpler issue than a property line dispute, so be agreeable on removing the trees and don't start a war with someone you see every day.

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Answered on 6/20/15, 3:50 am


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