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Neighbor building a fence in my yard

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Deacon92

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So I purchased a home in Marietta a year ago and got the lot surveyed. Stakes in the ground to mark the boundry. My neighbor has a fence, offset from the property line. A few weeks ago, a tree falls and knocks down part of the fence. We talk and he tells me that he wants to bring the fence to the property line. I'm good with that.

Then I start noticing that my stakes from my survey are being moved or pulled up. We talk and he's all smiles says things must have gotten moved when people came to clean up the fallen tree. I move stakes back as best I can. Then they get moved back. It's about 2 ft to 2.5 feet unto my property.

Right now, there is no fence, just moved stakes and paint lines, but he told me it's going up next week. Again this is Marietta. Any thoughts? Short of standing guard next week?
 
DirtySouthDeacon said:
Yeah, tell him where the line is and that he cannot build on your property.
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I've told him that. But with the stakes being moved. He keeps saying it's better to get a whole "panel" on the fence and it's his property.. I'd worried once the fence goes up, it'll be worse than trying to stop it before hand, just how to stop it without standing guard.
 
Deacon92 said:
I've told him that. But with the stakes being moved. He keeps saying it's better to get a whole "panel" on the fence and it's his property.. I'd worried once the fence goes up, it'll be worse than trying to stop it before hand, just how to stop it without standing guard.
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If you let him put it up now knowing that it's on your property I believe he could later argue constructive easement and it could be really difficult to deal with later on. If there is now some dispute as to where the lines actually are, then you may have to have a new survey done.
 
Tell him that someone keeps moving your stakes and you are worried that his fence guys will build on your property. If he balks at this, tell him that it would be best to have the line re surveyed and the two of you should split the cost.
 
Yeah, you do not want the fence built on your property because it could later be argued that the portion of your lot inside his fence is then his, because of the fence.
 
I that adverse possession only happened in Property exams 1L year.

I would send a certified letter expressing your concerns in order to overcome any constructive easement issues.
 
If it were me, I'd talk to him about it, and then plan to be home the day the fence goes up (at least for lunch, if able). If you see that they're building on your property, tell them to stop, if they don't, call the cops. Not sure what they'd be able to do, but figure that they'd at least be able to halt the process.
 
This and have it in writing delivered certified letter. When you get something certified it is obvious you are building your case for down the road.

Sgt Hulka said:
Tell him that someone keeps moving your stakes and you are worried that his fence guys will build on your property. If he balks at this, tell him that it would be best to have the line re surveyed and the two of you should split the cost.
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DeaconCav06 said:
I would send a certified letter expressing your concerns in order to overcome any constructive easement issues.
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Our neighbor built a fence on our FD property, and we had the lawyer draft a letter stating that while we were OK with the fence at the moment, it was on our property and we could have it removed at any time without any advanced notification. Had it filed at the courthouse and a certified letter sent to him.
 
RevDeac06 said:
If it were me, I'd talk to him about it, and then plan to be home the day the fence goes up (at least for lunch, if able). If you see that they're building on your property, tell them to stop, if they don't, call the cops. Not sure what they'd be able to do, but figure that they'd at least be able to halt the process.
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Yeah.. The family will be at the beach that week. I'd really like to not have to stand guard, but not sure what else. I've emailed the surveyor to get a new survey and restake the ground, but the existing survey is less than a year old. Just that the stakes have moved.
 
Sounds like you're going to need to be there. Your neighbor is being an asshole, but since you seem to be getting nowhere with him, you should talk to the fence builder, give him a copy of the survey and make it clear to him that he is not to build a fence on your property.
 
I think the certified letter is a must in this situation.
 
Send him a certified letter. Would a copy to the city be appropriate?

Since you are in GA, if doesn't relent, a flamethrower could be an option.
 
Certified letter. Enclose a copy of the survey. Recount the discussions that you have had including his acknowledgment that the markers have been moved. Tell him if the fence is built on your property that you will have it taken down.
 
It is easiest to just give a copy of the survey to the company building the fence. Tell them that their guys may have inadvertantly moved the stakes, but they need to make sure that the fence is on the actual line and not on your property. Tell them that they are going to have to pay to fix it if they screw it up and thus lose their profit on the job, so they should likely get it right the first time.
 
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