What can I do about a neighbor putting up a fence on my property?

If the person next door to your home in Georgia is claiming that the piece of property is not yours, but belongs to the neighbor, this would not be a very unusual dispute that arises, unfortunately.

If that neighbor has already started building the fence, the situation probably just got worse. This person may now has a vested interest in not losing the money he has already put into the fence.

Use your deed and get a land survey

As explained by Point to Point Land Surveyors, one of the first things you will likely want to do is get your facts straight without making assumptions. Your deed is an important description of what you own. However, you will likely need a professional land survey performed so that you have necessary evidence of where your land, as per your deed, physically lies on the terrain in question. Your neighbor should have had a survey done prior to starting the fence, to avoid the risk of having to take it down later, should your estimate of your property line pan out. That survey will also provide proof that your neighbor has encroached on your property with his fencing, should the matter not resolve amicably once your neighbor sees your proof. Alternatively, the survey will quietly let you know if you have been under a misimpression concerning your property line, so you can avoid creating a stir that you will lose after time and expense later.

Survey will be proof for quick resolution or for court

The survey can both allow for quick resolution and, if necessary, act as a main piece of evidence in court moving forward, should your neighbor choose not to correct the situation. It is important to ensure that the surveyor you hire has agreed that should you need him or her to testify down the road as to the survey results, the surveyor will readily do so.

Note too that you will not want to delay in taking action once you learn your position is sound. This is because the passage of much time can act as a bar to enforcing the legal title to the land. In other words, use it or lose it; do not sleep on your rights.

Ultimately, if you both cannot resolve the matter, you will have no choice for remedy but to seek it through the court. The appropriate court can make a legal finding that will be binding going forward.This information is only intended to educate and should not be interpreted as legal advice.

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The Roberts Law Firm, P.C.

The Roberts Law Firm, P.C.
604 Green Street
Gainesville, GA 30501

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