Legal Question in Real Estate Law in Georgia
Neighbor has built column on my property
What should I do if a large brick column with gate attached was built about a yr ago on my property, and the rich owner of the next door investment property refuses to remove it? (Claims it will hurt her asking price. I even gave her my plat before her renovations, so this would not happen. She says I have allowed too much time to go by and that the Dekalb Co. Historical Zoning Commission gave her permission to build on my property. Also she has written stating that I gave her verbal permission to encroach- not true. Help! I cannot afford a lawyer, but I hate the fact that she feels she can bully and harrass me and take my land.
1 Answer from Attorneys
Re: Neighbor has built column on my property
The first thing is avoid is getting caught up in her excuses. The zoning commission cannot give her your land, you have not waited too long, and so on. Also, don't get caught up in whether or not she is "rich." One option is to provide written notice that she has a reasonable time (for example, 20 days since it appears to be a large project) to remove it or you will have it removed from your property and file a suit for the expenses. If you are ready to take that step (don't make the threat if you are not), obviously you better be 100% sure you are correct and be very careful to stop at the line. Although you say you cannot afford it, the best option is to get a lawyer to draft the letter and review the situation. They may cause her to back off and remove it, or face trying to sell with half a gate.
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