what to do if neighbor builds on your property
You may have heard the phrase "Good fences make skilful neighbors" (according to poet Robert Frost), merely what happens when these otherwise adept neighbors build a fence on your property? What should you lot do? Here in Atlanta, where houses tin can exist within close proximity to each other, purlieus disputes are pretty common. However, homeowners exercise have a couple of options for addressing the problem.
Know Your Property Borders
Before y'all attempt to address the issue with your neighbour, make sure that yous know exactly where the boundaries of your holding are. Yous tin find parcel maps at your local or canton municipalities. Your HOA might also take a re-create of the customs plan and parcel size. All the same, these maps typically provide a general idea of your property lines. For more specific measurements, you should hire a professional person surveyor.
Try Talking to Your Neighbour
When a dispute arises, talking things over tin can exist one of the quickest and easiest solutions. Once you know where your exact holding boundaries are, try taking a friendly approach with your neighbor. You might want to enquire them (politely) if they were enlightened that the fence was on your belongings, and if they would be willing to either remove it or re-locate it within the boundaries of their property. You could also (over again, politely) let them know that information technology is less time-consuming and will cost less money if you two address the issue now, rather than pursue a lawsuit or other legal options.
Inquire Your HOA to Get Involved
Home Owner Associations (HOA) often have rules in place apropos the construction, appearance, and maintenance of fences within the customs. For instance, the HOA may take specific policies virtually the color, top, or placement of the debate. If you believe that your neighbour's contend violates your HOA rules, you might want to ask the HOA board to get involved with the dispute. The lath members may exist able to speak with your neighbour, or the organisation may have legal recourse about the construction of the argue.
How the Courts Can Help
A landowner has the legal correct to accept possession of their property and cake others from their property – as long every bit they do then without breaching the peace. If your neighbor is unwilling to remove or re-locate a fence they built on your m, it may be time to take legal action. Fifty-fifty a small inroad onto your land tin have future negative consequences for you lot.
The country of Georgia, unfortunately, does not have any specific laws in identify virtually boundary fencing disputes. You may take amend luck with your city or county ordinances. If your neighbor'due south fence violates a local ordinance, you lot tin alarm the urban center of the violation. The city will send written notification to the neighbor, asking them to either conform to the local fence ordinances or face fines and potentially a compliance lawsuit.
On the state level, argue disputes typically autumn under Georgia laws on easements, trespass, nuisance, or property harm. A property easement is a right to apply or enter the property of some other, without actually possessing that property. It gives one person legal permission to use some other person's land. In Georgia, if a person uses some other person'due south land for a specified length of time, they could eventually gain a legal right to employ that land or even become the owner of that section of holding. If y'all do not address the consequence, yous could lose admission or fifty-fifty ownership to your ain belongings.
If two adjoining neighbors are in dispute over their holding lines or an easement (such as a debate constructed outside of the property lines), Georgia courts may lodge a compulsory purchase and sale of the country in which the easement is claimed. In this situation, a jury would decide how much bounty the easement holder (the person who synthetic and uses the fence) should pay to the homeowner (the person who owns the land upon which the fence was built).
A Notation on "Spite Fences"
Argue disputes are and so mutual that in that location is a legal phrase that addresses those middle-sore, taller-than-necessary fences synthetic just to annoy the other neighbor: Spite Fences. This tin include a manmade debate or a tall row of bushes or copse. Either way, a disgruntled neighbour can file a lawsuit over a spite contend. He or she would demand to prove to the Georgia court that the neighbor constructed the fence with malicious intent and purposes, and that the argue or plantings are a nuisance that prevents the property owner from enjoying the light and air on their ain property.
Have Boosted Questions? Contact the Real Estate Team at Brian Chiliad. Douglas & Associates
Your home is a major investment, both financially and emotionally. If a property dispute arises, it tin can be a fragile matter. If you take additional questions nigh a argue issue between you and your neighbour, or if you want to hash out your legal options, please contact united states at (770) 933-9009. Our experienced real estate team would be happy to speak with yous.
Source: https://www.atlantagaestateplanning.com/blog/2020/08/07/what-should-you-do-if-your-neighbor-builds-a-fence-on-your-property/
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