Legal Question in Real Estate Law in Georgia

Fence Line Encroachment

I am putting up a fence on my property line, surveyer pins located on both corners) We have lived in this home for 4 months shy of seven years and not used this back part of our proprty until now. My neighbor whom we have lived next to with some disputes in the past, had decided he doesn't like my new fence line. The post are placed 2-4 inches inside my property line. Does he have any say on how my fence is put up on my property. Do I have to allow a certain amount of space between the poperty lines or am I within my rights to put the fence just off the proprty line as I have. I don't want to get into a battle with this guy, but he is a real jerk and I want to make sure before I actually pull the fence that he does not have a claim. Thanks for your advice


Asked on 1/14/07, 8:26 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Fence Line Encroachment

Paying a lawyer at this point is probably not necessary, and often it can lead to more disputes if the other guy gets a lawyer. If you are certain about the property lines, offer to review any documents from the neighbor that indicate there is a dispute over the line. If it turns out there is no dispute, you are free to build a fence (but for HOA covenants, etc., that we do not know about). Politely let the neighbor know that you have taken steps to avoid encroaching on his property, then move on. Certainly, you CAN hire a lawyer (a RE lawyer who practices in this area regularly - not a dabbler), but going to that expense should not be the first avenue. Neighbor disputes are usually not good for anyone.

Read more
Answered on 1/15/07, 10:27 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Fence Line Encroachment

Among the approaches that you could take is negotiating with your neighbor to determine whether you can reach an agreement that addresses your common interests and is drawn with consideration of your differences. This is a superior alternative to doing whatever you want to do and possibly facing a court challenge later on. As an attorney who is experienced in both real estate and mediating disputes, I can guide your efforts and draft a binding agreement that will survive your neighbor's ownership of his property. Call me if you wish to discuss the above suggestion further.

Read more
Answered on 1/14/07, 10:57 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia