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Privacy Fence approx 15' on my property

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barry1more

Junior Member
Georgia.

Hello,

I recently purchased a home that I am completing myself as the homeowner. We hired surveyors to come help us find the pins on our property and compare with the current court records.

It has come to our attention that our neighbor's fence is approximately 12-15' on our property. This fence was erected shortly after we bought the foreclosure which has been on the market for months without any activity on the property. So, the fence has only been up for about a month.

An hour after we found out this information, we told our neighbor about the issue. He obviously had issue immediately, and I suggested that he hire his own surveyor.

Here's one additional probelm. We must plant sod and irrigation in a week or it will be too late to plant for the season - and the sod could all die. If he has not removed the fence by this time, can we legally take down his fence with or without notice/consent?

We will send a certified letter in two days to document our discussion.

Thanks!
 


JETX

Senior Member
If he has not removed the fence by this time, can we legally take down his fence with or without notice/consent?
Simple answer... yes.
You have the right to remove ANY 'encroachment' on your property. However, you have the risk that your survey is not correct (it does happen) or that they can successfully claim that the property was theirs.
If you feel comfortable that the fence is in fact entirely on your property (as you claim), document the fact with pictures, video, etc., then start recovering your property.

BTW, after the fence is removed, you can pursue litigation against the neighbor (if you choose) to recover the costs of removing his encroachment.

A quick search of the internet found a similar situation in Georgia with a Georgia attorney responding (I am not in Georgia).
http://law.justanswer.com/georgia/1443t-live-georgia-neighbor-whose-fence
 
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