Neighbor's Encroaching Fence and Backyard

[usafdrew]

Thanks my_wan. The county code here outlines briefly zero lot line development and mentions a maintenance easement but doesn't give specifics. It leaves that up to the subdivision covenants.

My bet is that you in fact have full “egress” rights, and anything of theirs that interferes you can require them to remove it.

The above is what I want to confirm I can say in a letter and hopefully back up in court if it comes to it. Can anyone else confirm I have rights to get her to remove the fence based on it blocking access to the easement?

 

[my_wan]

Thanks my_wan. The county code here outlines briefly zero lot line development and mentions a maintenance easement but doesn't give specifics. It leaves that up to the subdivision covenants.

Could you give the actual text of the county code? The mere mention of an "maintenance easement" indicates that you have that right barring amendments in the "subdivision covenants".

The order of legal priority goes: subdivision covenants, county code, state guidelines. If there are subdivision covenants they must have been approved by the county and be included in the documents you signed and in your possession. It appears that both county and state includes maintenance easements.

The above is what I want to confirm I can say in a letter and hopefully back up in court if it comes to it. Can anyone else confirm I have rights to get her to remove the fence based on it blocking access to the easement?

Yes you need to confirm this with your county, and not here. Under "zero lot line development" you don't need to be concerned with "Loss of easement by abandonment or nonuse" as it it not yours to lose. The maintenance easement rights cannot be forfeited through those mechanisms. It's pretty much unthinkable that the planning commission would allow maintenance easements to be significantly modified, and you probably have a civil case if they have.

You can call a building inspector and he can generally answer questions about where to get documents pertaining to "recorded covenants" and "county codes for zero lot line developments". That's all you really need.

Other (possibly useful) info:
Zoning 101: Basic Georgia Zoning Law
Zoning 101: Basic Georgia Zoning Law

B.TRIAL AND APPEAL OF ZONING CASES

1.The presumption that a governmental zoning decision is valid can be overcome only by a plaintiff landowner's showing by clear and convincing evidence that the zoning classification is a significant detriment to him, and is insubstantial related to the public health, safety, morality, and welfare. Only after both of these showings are made is a governing authority required to come forward with evidence to justify a zoning ordinance as reasonably related to the public interest.

Loss of easement would definitely fit these conditions in your case, should the unthinkable happen.

This is an actual application for the city of Atlanta that pertains to zero lot line developments.
SAP SD Zero Lot Line

Request For Special Administrative Permit
(SAP)
Zero Lot Line Subdivision
City of Atlanta, Georgia
<snip>
Instructions:
<snip>

• Provide a copy of recorded covenants that address all ownership and maintenance concerns.

You should be able to get everything you need in just a couple of hours.

I am not a lawyer....

 

[usafdrew]

Well I have dropped this issue for awhile now because in speaking with various attorneys, taking my neighbor to court could be very costly. I don't want to give up on it though, so I'm trying to reattack it here again.

Basically, I live on a zero lot line property, so one side of my home is built on the property line. On that side, I have an appurtenant easement onto the neighbor's property for maintenance of 24" (roof overhang length) plus any further easement reasonably necessary for maintenance on that side of my home. So my neighbor on that side has a fence running from the side of her house to the side of mine about halfway down the two homes. I have a fence that goes from the back corner of my house (on that same side) to the end of my backyard. So in effect, her fence that runs between the two homes cuts me off access to that back half side of my home and puts that part of my home in her backyard.

I would like to know if the neighbor can have a fence right up to my home/property line (not physically attached to my home). Or can I order her to move the fence back 24" or more so it doesn't block access to the easement. The fence does have an unlocked gate, but the neighbor has some dogs and we are not on speaking terms anymore based on incidents that happened.

Thanks.

 

[Kiawah]

As an impartial reader, why do you care that they have that little piece of fence door where they do? It's not blocking your access to the side of your house for maintenance, you open it and walk in. You put your ladder up against the side of your house, clean out the gutters and paint. I don't see anything unreasonable about that.


You want them to have their dogs fenced in.

 

[Alex23]

You want them to have their dogs fenced in.

As they should be.