Legal Question in Real Estate Law in Georgia

I own a wooded lot behind 5 houses that belong to a sub-division but my lot faces another road therefore not part of that subdivision. so my property is behind their backyard. After doing a survey I found out that one of the 5 neighbors is encroaching in my property with playground equipment by 10FT. He has a lot of very green grass but he said that he does not want that equipment on his grass. I asked him to move it from my property but he did not commit to move it, he said he would take it apart but did not say when but he was upset to find out that he was on my property.On the following day, I put a No Trespassing sign on my side of the property next to the survey stake but I found out that somebody threw away my sign. So 'Im afraid he will try to stall me and buy time. Can I hire a crew and one day during the week disassemble the whole thing and fence that side of the property same day? If he takes me to court I rather have him prove that I'm wrong so I have to give it back than risking me starting a lawsuit and the court decides to entertain him and force me to an easement or something similar.


Asked on 4/20/11, 9:35 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

So far you have mishandled this.

First of all, how do you KNOW he's encroaching? Have a surveyor come out and recheck things to be sure. The survey stake you see could easily be wrong.

If after the survey you find he is encroaching, have a lawyer draft a proper letter and also advise you on what steps you can do if the letter is ignored.

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Answered on 4/20/11, 11:08 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Assuming your survey is correct, you can probably build a fence on your property with no big problems. However, isn't that overkill if you are doing it just because a swing set is 10 feet over the line? You can send a letter and politely inform the person of the property line, ask them to move, and give them a date to move it (maybe 20 days or so if it requires major disassembly; less if it can be picked up and moved). You can also pay a little money to have a lawyer draft it and maybe that will make a little difference. If it is not moved, you'll have to then decide to spend potentially thousands on a fence, or move take it down yourself. Court or legal action over a swing set 10 feet over a line should not be a legal issue for either of you.

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Answered on 4/21/11, 4:48 am


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