Help - Growing Land Dispute.

[Nephalim63]

Georgia
Paulding County

My family owns about 5 acres in Paulding County. A neighbor for 20+ years has washed out his driveway over time and it is now on our side of the line. In addition, he built a barn on our side of the line. This is approximately 10+ years old. Recently, we went to court where the judge and both attorneys met and decided the line was where the barn builder "said it was". The judge then issued a letter stating just that. We have had the line pulled three times from various land lot pins and the county water tower. They all show the land line going through the neighbor's new home addition and well past the drive and barn. Since the court decision, he has built a new barn even farther across our line. What are my legal rights on this?

Sincerely
Nephalim63 AKA Short-End-Of-The-Stick

[nextwife]

And at what point did you obtain a professional survey?

[Nephalim63]

We bought the property in 1980, Surveyed in 93ish and 95ish (I don't have those forms in from of me at the moment). We are about to have the property surveyed again. The county recommended all lines pulled from 2 points (whatever that means) and from what the surveyor said, "the water tower made three points and one of two of them being undisturbed."

[danno6925]

Get the survey done ASAP. Be damned sure to inform the surveyor of the judge's decision, and all supporting documentation that led him to make that decision. Do NOT give the surveyor the old surveys (just in case he's a lazy bass-turd, and simply redraws the old property lines) since you need to know where the judge's decision places the line between your properties now, and not in 1993.

If he is on your property, inform the adjoining owner via certified mail RRR that he has 5 days from the receipt or 10 days from the mailing of the letter (whatever is sooner) to remove the encroachments onto your property, or they will be removed at his expense.

If the timeframe elapses, break out the chainsaw and blow off some steam.

[jimmler]

Originally Posted by danno6925

Get the survey done ASAP. Be damned sure to inform the surveyor of the judge's decision, and all supporting documentation that led him to make that decision. Do NOT give the surveyor the old surveys (just in case he's a lazy bass-turd, and simply redraws the old property lines) since you need to know where the judge's decision places the line between your properties now, and not in 1993. You should give the surveyor everything you have so they can benefit from the information of the former surveyors evidence, and form their opinion of the boundary.

If he is on your property, inform the adjoining owner via certified mail RRR that he has 5 days from the receipt or 10 days from the mailing of the letter (whatever is sooner) to remove the encroachments onto your property, or they will be removed at his expense.

If the timeframe elapses, break out the chainsaw and blow off some steam.

OP please do not follow this advice, if there was already a decision made you could get yourself in big trouble. Talk with your attorney after you get the survey to see what your options are.

jimmler
I am not a lawyer, I have been in surveying since 1989.

[lcannister]

Originally Posted by jimmler

OP please do not follow this advice, if there was already a decision made you could get yourself in big trouble. Talk with your attorney after you get the survey to see what your options are.

jimmler
I am not a lawyer, I have been in surveying since 1989.

THANK YOU my exact response at the irresponsibility of the poster of that info!