Legal Question in Real Estate Law in Georgia
Right-of-way
I own a house, and I want to build a fence on the side of my property (perpindicular to the street) directly on my property line (in accordance with all city permits and ordinances). My neighbor on that side has a driveway directly adjacent to my property, and he occassionally drives his car on the grass between our two properties to the back of his property. If I build this fence on my property line, this neighbor will not be able to drive his car to the back of his property on that side of his house(his car will not fit between my new fence and his house). My neighbor told me that because he has been driving on that piece of land for 13 years, I cannot build a fence that would not allow him to drive his car on that property. He said that he will sue me if I build the fence on my property line. Is what he is saying valid?
Also, currently this neighbor has a fence parallel to the street that runs from the front corner of his house to the front corner of my house. In order to build my new fence I would need him to remove the part of this fence that is on my property. He has refused to do that. Do I have the right to remove the part on my property (I plan to give him notice of when I will remove it)?
1 Answer from Attorneys
Re: Right-of-way
I practice law in GA and my response is based on knowing only GA law.
You should consult with a local attorney familiar with this type of law.
Having said that, here is my take on the situation:
You are legally entitled to build the fence on your property. If his car hits your fence, he is liable for the damage.
Second, you surely can remove the part of his fence that is on your property. Check with a local surveyor to make sure you are correct about the property lines.
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