Legal Question in Real Estate Law in Georgia
I built a fence 11yrs ago and the portion of the fence that runs down the side of my neighbors front yard is 6 inches or more inside my property line. He said since it faces his property he can painted over my stain this ugly brown color and has done so. I told he can't come on my property and do this. He said he can and did and is willing to take his chances with court. I've taken pictures and he has a fence that doesn't connect with my fence because the previous owner built it on his property line which leaves a cap of 6 inches. Can he do this? (Paint my fence)
2 Answers from Attorneys
No, and if you choose you can sue him for damages in small claims court or have him arrested for criminal damage to property. Be sure you are correct as to the fence before you sue, and that means pay a surveyor.
There is the legal answer (which you received from Mr. Ashman) and then there is the practical answer. Neighbor disputes rank a little below divorces in the parties getting emotional and spiteful, and often little good comes from legal actions between people who have to co-exist a few feet away. Emotional cases also get much more expensive because the parties want to fight instead of settle (and your lawyer will charge just the same for fighting the "principle" case). As stated, you better be right. For example, if your city/community has set back requirements for fences, even if on your property, you might find yourself tearing down the fence. What are your damages? Do you even see that side? Your neighbor may be completely in the wrong, but think carefully where you want to take it.
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