Fence lines

Miguel Cervantes · Oct 12, 2016

Georgia does have laws regarding possession. Court cases in the state have determined that a fence defines a property boundary even if it is outside the documented property line if neighbors do not contest the fence within seven years, according to Coleman, Chambers, Rogers & Williams, LLP, a Georgia law firm. This applies to natural boundaries, so a homeowner planting a tree past his or her property can change the line if uncontested. Homeowners can prevent such occurrences by proactively marking the property with wooden stakes.

https://www.reference.com/government-politics/laws-georgia-property-line-fencing-c9eb462c7d0cead2#

According to some state laws (not clear where Georgia stands on this) if your fence has been in existence for more than 7 years without any congruent property owner contesting it then it appears "Adverse Possession" may be on your side.

To know if this fence of yours is dead on your line or even over a few inches you still need a survey.

Planning and zoning to find out your local laws

Code enforcement to put a cease and desist on his activities.

Survey the line to set up your legal argument

Talk to an attorney

Otherwise your options are extremely limited.

I am not an attorney, but I have stayed at a Holiday Inn Express before.

Spotlite · Oct 12, 2016

That's why I put my fence dead on. He can't claim my property or make me move my fence. I don't care if he uses it, but that's the price in protecting what's mine.

rayjay · Oct 12, 2016

I must be weird. I've owned 2 houses and one commercial property and I know exactly where the IPFs are located. You start messing around over the line and I will know it.

Jim Baker · Oct 12, 2016

Spotlite said:
That's why I put my fence dead on. He can't claim my property or make me move my fence. I don't care if he uses it, but that's the price in protecting what's mine.

Hard to put a fence "dead on" the property line. The "property line" is immeasurable. Has no depth itself.

You can in theory put the outside edge of your fence next to the property line. But your property ends where his begins. There is in actuality no "line".

Pretty much the best Idea is to be a few inches off what you can reasonably assume is the property line. Your fence on your property four inches from PL does not give the neighboring property adverse possession. There are many steps to claiming property through adverse possession. Your neighbor ain't gonna want to jump through all those hoops. He will just move to his side of the PL and do what zoning allows.

A perscriptive easement is another animal but doesn't apply to this case as I can see.

I am not a attorney and I would talk with one before getting to deep into the weeds.

Spotlite · Oct 12, 2016

jimbo4116 said:
Hard to put a fence "dead on" the property line. The "property line" is immeasurable. Has no depth itself.

You can in theory put the outside edge of your fence next to the property line. But your property ends where his begins. There is in actuality no "line".

Pretty much the best Idea is to be a few inches off what you can reasonably assume is the property line. Your fence on your property four inches from PL does not give the neighboring property adverse possession. There are many steps to claiming property through adverse possession. Your neighbor ain't gonna want to jump through all those hoops. He will just move to his side of the PL and do what zoning allows.

A perscriptive easement is another animal but doesn't apply to this case as I can see.

I am not a attorney and I would talk with one before getting to deep into the weeds.

I have a friend that is a real estate attorney. I put the fence where she advised me to put it. According to her, just like any other case, two attorneys reading the same code from a different point of view. Play it safe, get on the line and protect your investment. Land that is used by others can in fact be claimed under adverse possession after the required period of time had lapse. Also, a fella that was good friends with my Dad has a land survey company. He shot the top of my wire every 50 foot and it is in 1/100 of a foot (about 1/8 of an inch) of said property line. A property line is in fact measurable. It is described on a deed as a specific location. It is, or can be gps marked as a specific location. Being 1/100 of a foot of the property line measurement may not be dead on, but it's close enough that if he wanted to file adverse possession of the 1/100 of a foot, I am ok saying "no contest". I don't have an issue with him tying into it as he has already done that. I can rest knowing that my investment is secure, I can't be forced to move it and if I loose anything on the other side, at worse, it might equal to a blade or two of grass. I understand that I may not be "dead on" but it's a figure of speech. It's close enough to the eye. Any closer would require technical equipment to measure.

GA_SPORSTMAN · Oct 13, 2016

Thank you ,I have a meeting with a surveyor tomorrow .I am getting the Plat I have of mine and I will get a Plat of his which is about 18 to 20 years old or older ,was the last time his was ,even though he hasn't had it a year, .,mine was surveyed about 15 years ago .
He has already took one fence down but left the poles on the front between our
yards ,he did that without asking.
Talked to a judge this week and he told me to call the law if he bothered the other fence ,

GA_SPORSTMAN · Oct 21, 2016

Got my line surveyed and it made him mad because ,I had it surveyed ,He was told that it was his when he bought it ,not even a year ago by the former owner ,in places it may
be a few inches off here
And there
mostly on the line ,the issue I have is my fenced in Back Yard and dog pen will Be electric fence and he hreatened to turn it up full power ,I told him if a child who is at my house gets in it he is liable and he said if he puts it a few inches off the line and puts up a sign that he isn't ,, He theater me and my dog today ,he was about to stomp my dog ,today,
I don't want any problems but think they will be
I have used it 12 years and him not even year,it has been there for about 21 years

rayjay · Oct 22, 2016

It's sad that people can be such jerks.

Jim Baker · Oct 22, 2016

Spotlite said:
I have a friend that is a real estate attorney. I put the fence where she advised me to put it. According to her, just like any other case, two attorneys reading the same code from a different point of view. Play it safe, get on the line and protect your investment. Land that is used by others can in fact be claimed under adverse possession after the required period of time had lapse. Also, a fella that was good friends with my Dad has a land survey company. He shot the top of my wire every 50 foot and it is in 1/100 of a foot (about 1/8 of an inch) of said property line. A property line is in fact measurable. It is described on a deed as a specific location. It is, or can be gps marked as a specific location. Being 1/100 of a foot of the property line measurement may not be dead on, but it's close enough that if he wanted to file adverse possession of the 1/100 of a foot, I am ok saying "no contest". I don't have an issue with him tying into it as he has already done that. I can rest knowing that my investment is secure, I can't be forced to move it and if I loose anything on the other side, at worse, it might equal to a blade or two of grass. I understand that I may not be "dead on" but it's a figure of speech. It's close enough to the eye. Any closer would require technical equipment to measure.

I understand, I have a son that is a Real Estate Attorney.

Wycliff · Oct 22, 2016

GA_SPORSTMAN said:
Got my line surveyed and it made him mad because ,I had it surveyed ,He was told that it was his when he bought it ,not even a year ago by the former owner ,in places it may
be a few inches off here
And there
mostly on the line ,the issue I have is my fenced in Back Yard and dog pen will Be electric fence and he hreatened to turn it up full power ,I told him if a child who is at my house gets in it he is liable and he said if he puts it a few inches off the line and puts up a sign that he isn't ,, He theater me and my dog today ,he was about to stomp my dog ,today,
I don't want any problems but think they will be
I have used it 12 years and him not even year,it has been there for about 21 years

Shame two neighbors can't get along

GA_SPORSTMAN · Oct 22, 2016

Yep talked to state representive today about state law ,he is putting a wood rail fence between our front yards or some type of wood fence ,if he puts it a few inches on his side ,I have priced a solid wood privitey wood fence tonight ,I am putting it on my side a few inches or a ft off the line ,on my side ,I found a 6 ft one and was told I can build it as tall as I want to,not doing it to make him mad ,he will be mad about that cause it will hide his fence on my side bet he will be mad about that but he can't do anything about it because it will be on my side and it has just been surveyed and the line is very clear now,I hate to do that but he tried to take my back field ,half of my land and I had it Sur
yed ,now he knows it isn't his,

rayjay · Oct 23, 2016

GA_SPORSTMAN said:
,I hate to do that but he tried to take my back field ,half of my land and I had it Sur
yed ,now he knows it isn't his,

Fences [ and well marked property lines ] make for good neighbors. Or at least neighbors that can't claim ignorance. I have one IPF in a grassy area and I hit it with Roundup every time I have Roundup in the sprayer

Spotlite · Oct 23, 2016

jimbo4116 said:
I understand, I have a son that is a Real Estate Attorney.

Pretty cool. And he would probably have a different view than the one that gave me her advice, and the point is made valid that even attorneys don`t always see eye to eye on the code.

I am not in a position to argue with either of them.

Fortunately I have a long term cool neighbor that understands what sharing a fence line and respecting your neighbor means so chances of having a dispute are slim to none.

Jim Baker · Oct 23, 2016

Spotlite said:
Pretty cool. And he would probably have a different view than the one that gave me her advice, and the point is made valid that even attorneys don`t always see eye to eye on the code.

I am not in a position to argue with either of them.

Fortunately I have a long term cool neighbor that understands what sharing a fence line and respecting your neighbor means so chances of having a dispute are slim to none.

Off subject.
I am fortunate that I have a good neighbor who is an attorney. When the contractor poured the concrete for my workshop he poured 1 ft. over the property line(long story). It wasn't until several years later we discovered the problem. I went to him and told him. He said no problem, I'll deed you 2 foot, I don't need it.

Spotlite · Oct 23, 2016

jimbo4116 said:
Off subject.
I am fortunate that I have a good neighbor who is an attorney. When the contractor poured the concrete for my workshop he poured 1 ft. over the property line(long story). It wasn't until several years later we discovered the problem. I went to him and told him. He said no problem, I'll deed you 2 foot, I don't need it.

It's nice to have good neighbors. Makes a world of difference :cheers:

Fence lines

Miguel Cervantes

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Spotlite

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rayjay

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Jim Baker

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Spotlite

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GA_SPORSTMAN

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GA_SPORSTMAN

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rayjay

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Jim Baker

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Wycliff

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GA_SPORSTMAN

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rayjay

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Spotlite

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Jim Baker

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Spotlite

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