Legal Question in Real Estate Law in Georgia
retention wall issues
I am looking at a home that has a retention wall the neighbor claimsits his and the fence is 2 feet over the line and he wants to remove it by doing that the home i am looking at sits 4 ft higher then neighbors i am sure the yard to this home will end up in neighbors yard if this happens what can i do
2 Answers from Attorneys
Re: retention wall issues
first, make sure what the facts are. If you can locate the corner pins on that side of the lot, you can determine where the line is. If they can't be found, see if you and your neighbor can agree to have a surveyor determine the line.
If the retaining wall is on his property, he does not have the right to remove it without your consent, if it was built by a prior owner of your property. If he or a prior owner of his property built it, he can remove it, but may be liable for damages to your property caused by the removal.
If he insists on going ahead, you should consult an attorney immediately.
Re: retention wall issues
Your post is far from clear. If the well is on your property (or what may be your property), you are OK. If it is on his property, I do not agree that he needs your consent to remove it. It would be most likely treated as part of his real property, to do with as he pleases, whether or not you like it. What he can't do is cause a situation where the natural support for your property is removed, which appears to be the issue you raise. Depending on other facts, you may be able to prevent it, or get damages if he does remove it and your property is in fact damaged. As with just about all neighbor disputes, taking all measures to work it out is much better than a war of threats or lawsuits.