Legal Question in Real Estate Law in Georgia
there are trees and surveyor ribbons separating me and my future neighbors property but they put up a fence on our side of the trees thats separating our adjoining properties. shouldn't he have put the fence on their side of the trees and ribbons that separating us and not our side of the trees and ribbons?
3 Answers from Attorneys
I am not sure why you are focused on trees and shrubs and apparently not on the one thing that matters - the property line.
It depends where the legal boundary of your property sits. The trees and surveyor ribbons may not be on the exact property line. You may consider hiring an attorney and your own surveyor to review the surveys/plats of the property to confirm where the property line actually sits. If it turns out the neighbor has improperly erected the fence on your property boundary, they will either need to: (i) tear the fence down and rebuild on their property, or (ii) compensate you for the loss of your land. A Georgia real estate attorney can help you with this.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
If they put a fence on your property it is an encroachment. You can have them remove it, or if you have an improved owner's title insurance policy contact your title insurer they may be obligated to retain counsel on your behalf. If you want it removed avoid signing an encroachment agreement or not doing anything. You should seek a local attorney if your neighbor refuses to remove it after accurately determining the property line and if it is an encroachment.