Do you agree with the saying that tall fences make good neighbors? Most homeowners would say they do, but despite that fact, many neighbors do not respect tall fences or any other property borders. If you neighbor is a nuisance who would like to get a land survey or threatens you with going to court, before making a decision you’ll regret, read this article to learn about your legal rights in property disputes. Depending on how you neighbor decided to cross your borders will affect whether or not you will require legal assistance. Since many people don’t know how to act in this situation, a reputable attorney, Ken Nugent PC has decided to share his experience with us and prepare us to properly face nuisance neighbor disputes.
Is This My Land or Your Land?
Are you experiencing a boundary dispute? If there is a property, a fence or other structure that is crossing your property line, you definitely have a right to sue your neighbor or try settling things without going to court. It also counts if any addition to their home is crossing your property boundaries. If you first want to try resolving this with your neighbor, talk to him and ask him to compare deed copies. The deed will tell you where your property lines exactly are. If the deed doesn’t help you, you will have to agree to pay for a survey. Making a deal with your neighbor strictly depends on your relationship with that person.
After the boundaries of both properties have been established, both sides should move their belongings on the other side (if there is any breach). If the other party doesn’t agree with you, you should try going to mediation. Many homeowners associations offer quality mediation services that might solve your property disputes. For greater chances of success, you should hire a legal representative or a private mediator to help you work on your approach and intrusion on a person’s territory issues. If nothing we mentioned works, you will have to hire an attorney, go to court and have the judge order your neighbor to withdraw from your property lines.
If you and your neighbor have a problem because of a tree that is crossing your border, you should be aware that most states won’t allow either party to remove it or destroy it. If the branches hang over the fence you built, you can’t do anything about it in court. Also, you should give yourself a break, it is just a tree. If leaves, acorns and similar fall onto your property, it is your (the property owner’s) responsibility by the law to clear those leaves or pods away. However, if branches fall and cause damage on your property for any reason rather than natural occurrences, your neighbor is responsible for the cleanup and damage. Also, if the roots are pushing onto your property lines, they are considered an intrusion the same way as fences, and other physical belongings are considered an encroachment. Only in that case, the tree owner has to remove the tree, but we wouldn’t recommend destroying it if it doesn’t actually cause you any problems.
If you are from Georgia and you aren’t sure how to handle a dispute with your neighbor, feel free to contact Southeast Georgia Law Firms for a free consultation on your case.