Legal Question in Real Estate Law in Georgia
Damage to Right of Way
My neighbor has an easement on my right of way. He has his own right of way seperate from mine. The right of way is wooded and we use a private road (not on the right of way) to enter our property. My neighbor cut down my trees and shrubs without my permission to make his own road on my right of way. I asked for a warrant for his arrest but the judge told me I would have to sue him to recover the damages. The total damages were approximately $3,000 per estimates I have received to return the property to it's previous state. Is it worth it to sue him in small claims court? Does he has the legal authority to destroy my property?
3 Answers from Attorneys
Re: Damage to Right of Way
Sounds like a perfect small claims case to me. You have to decide if it is worth it.
Re: Damage to Right of Way
You may have a case; however, it is impossible for me to comment with certainty without more information. Moreover, it can be difficult to succeed in court, unless you are an attorney. My firm has experience settling disputes, such as yours. Please do not hesitate to contact me in the event you wish to pursue the matter assisted by counsel.
Re: Damage to Right of Way
Arrest warrants are not generally appropriate for things like this. The easements and rights of way are far from clear from your post, but the bottom line is that if the neighbor improperly caused damage to your property, and refuses to remedy the situation, you can consider a lawsuit -- possibly in Small Claims/Magistrate Court, where you don't have to pay a lawyer a large percentage of any recovery. The best option for neighbor disputes -- work it out without getting the police and courts involved, and making it worse.
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