• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property line problems

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

JLong

Guest
Georgia: My neighbor's backyard has erosion problems, and because our land sits lower than theirs, is the recipient of runoff water and silt. My wife and I have spent considerable time and money coping with their erosion by building a swell between our two properties, laying pvc pipe underground to drain the mud and water to a drainage system, and erecting a stack stone retaining wall to make the area aesthetically pleasing. The process has taken us about a year.

Please note that erosion would not be a problem for them or us if their backyard had grass. I can deal with water coming into our yard, but not the mud. The neighorhood covenants say that they must seed or sod their backyard. They claim to have seeded numerous times, but that the grass would not grow.

Now that their erosion is no longer a problem to us, our neighbors have decided to take issue with the retaining wall, claiming that part of it is on their property. I ran a string between the two stakes that were in the ground, and part of it was over the line by a couple of feet, so I took out the sledge hammer, and took off two feet.

Apparantly that wasn't good enough for them because they ordered a survey which shows that the wall is over the line by about three more feet. This means that the original stakes were off by three feet!

I have ordered a survey of my own to find out if theirs is accurate or not, but if it turns out that I have to take the wall down, the area will go back to looking bad. I think if they demand that I take it down, I'm going to ask them to pay for all of the time and money I have had to spend dealing with their erosion. I can't believe the nerve they have to push this issue after having caused us so much grief!

I guess my question is, what would you do? Thank you in advance for your free advice.
 


J

JLong

Guest
Thanks Guru. I will do that. BTW, do you know if an encroachment agreement has to be signed again with every change of owner?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top