Legal Question in Real Estate Law in Georgia
neighbor interfers with sale of property
My brother is selling his home. he has a zero lot line he must be on the next door neigbors yard to maintain the side of his home. he is selling it and the next door neigbor gave the people that wanted to buy it a letter telling them they can only take care of that side of the home when she deems it necessary. the platt has no easement and the hoa will not help. the zoning said it is my brothers problem. he may now lose the sale because of this woman making demands on the possible buyers. What can we do? The woman is unreasonable and no one can get over to look at the side of the house. My brother may have lost the sale and is worried about being able to sell his detached townhome in Kennesaw Georgia because of her making it impossible and being mean to the people. Does he have a right to maintain his side of the home? Does she have a right to scare perspective buyers away by making demands on them. They do have a real esate agent.
2 Answers from Attorneys
Re: neighbor interfers with sale of property
Your brother would benefit from employing a real estate attorney to try to resolve the conflict with the neighbor.
Re: neighbor interfers with sale of property
Hiring and paying a real estate lawyer who primarily handles real estate disputes (not just one who claims to do real estate and any other area of law for a fee) should come only after your brother has exhausted attempts to discuss it with the neighbor. The neighbor certainly has an interest in who comes on her property, and to an extent may convey that interest to potential buyers. Buyers probably need to know that they will have to go on her property. She may be unreasonable (obviously we can't conclude one way or the other), but the best way to resolve it is to knock on her door and discuss her expectations. There may be a reason to hire a lawyer who has experience in these matters, but the neighbor can always stand on the line and point out the line when buyers are there. Your brother needs to work it out with her.