Legal Question in Real Estate Law in Georgia
Neighbor's fence and property line
We moved into our current home 7 months ago. Our next door neighbor put her fence up four years ago, approximately 5 feet inside the property line (on her side). There are trees which she planted on her property before she put up her fence, that are located behind her fence within the property line pins. She wants to cut down the trees, is she allowed? We are getting ready to put up a fence of our own, can we put our fence to hers, or do we have to build our fence side by side all the way down?
1 Answer from Attorneys
Re: Neighbor's fence and property line
I have read your question 3 times and I have no idea of what you are asking about.
Is the fence 5 feet INSIDE her line or 5 feet OUTSIDE her line?
Regardless, as a general proposition, if stuff is on her property, trees, etc., she can do what she will with them. You can erect a fence up to her property line, but not across. If her fence is on your property, you can tear it down.
CAVEAT: Hire a lawyer, if you are going to tear down her fence. You want to make sure you do not run afoul of prescriptive rights in real property.
Unless the stuff you ask about is prohibted by local ordiances (none that come to mind -- save perhaps the setback restrictions), you can use your property as you wish and your neighbor can use her property as she wishes. Each landowner, respectively, may either keep or cut down the trees on his/thier property as they see fit.
There is a new DeKalb County Tree Ordinance you may want to look up, but its pretty toothless. It only applies if you intend to cut down more than 5 trees at a time.