# Neighbor built a Garage on my land?



## mattech (May 29, 2020)

So looking at the property lines my neighbor built part of thier garage and driveway on my land. I know these lines aren't always accurate but I've walked and found the rebar post markers. Honestly I don't really care about a few feet like it is. However when I sell my house one day, I know it will be an issue. How would I handle this. Also, the neighbor is being a pain about my dog right now, and this may be ammunition to tell them to shut up. Can I force them to buy the land at a price I set or demand they remove it?


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## mattech (May 29, 2020)




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## Hilsman (May 29, 2020)

What is the problem with the dog?

How far is the driveway where the truck is parked from the property markers?


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## GAEngineer (May 29, 2020)

Have a survey done. Would be 1-2 hours to do the one boundary.


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## Ruger#3 (May 29, 2020)

GAEngineer said:


> Have a survey done for starters



Exactly right.....when the surveyor puts those orange flags up to the back of the garage the problem will be clear.


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## Baroque Brass (May 29, 2020)

Don’t most areas have a minimum setback from the property line? He may also be in violation of county codes.


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## JustUs4All (May 29, 2020)

First how old are the homes?  
Is the neighbor the first owner?  
Did he build it or was it a spec. home by a contractor?

After the survey you will not be able to force them to buy the land at a price you set.  You may certainly sue him and, if you win, a jury will be more likely to give you FMV and may penalize your neighbor a little beyond that for the encroachment.

If you approach the neighbor in a neighborly fashion y'all can probably work something out that leaves everyone much happier than a court would and at the same time preventing most of the benefit going to the lawyers.


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## NE GA Pappy (May 29, 2020)

JustUs4All said:


> After the survey you will not be able to force them to buy the land at a price you set.  You may certainly sue him and, if you win, a jury will be more likely to give you FMV and may penalize your neighbor a little beyond that for the encroachment.
> .



that isn't how it works in Hall County.  I know a guy who won in court, and the people had to tear the structure down. The land owner refused to sell the land to the structure owner, and the court order the structure demolished.


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## Para Bellum (May 29, 2020)

He encroached on you for sure.  Setback depends on the county in GA.  You got him by the short and curlys though if that line is anywhere close to accurate.  You guys can come to an agreement for him to buy the piece he encroached on or you can take him to court.  Home doesn't look all that old so I assume your neighbor hasn't owned it for over 20 years?  If so, he can acquire it from you legally through adverse possession.  Squattin rights.


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## JustUs4All (May 29, 2020)

When I was about 15 Dad had purchased an old home in town that we demolished and built a modern home on.  When a survey was done we learned that the neighbor had his garage one foot over the line.  We marked the actual lot and built our fence where it should have been everywhere except the garage which we left for their convenience.  We enjoyed very good relations and many many very good pies through the years and didn't miss the foot at all.

Looking at your property I think you could loose enough property to solve this issue for your neighbor at very little cost to yourself in the value of your property.  You are certainly in the diriver's seat if a survey confirms your belief, however and the decision on how to proceed it totally yours.  The American way is to lawyer up and sue the rascals.  If the neighbor doesn't want to be neighborly this is probably the way to go.  I think you would be more happy with a different solution if it is possible.


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## Thunder Head (May 29, 2020)

As far as the property line. Apparently its quite common. Ive see it several times over the years. He will have to pay you fair market value for it.


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## mattech (May 29, 2020)

I have a friend that is a surveyor and is looking into it for me, but let's say the line is correct, it sounds like I can either make him buy the land or have the garage torn down? I'm not that type of person to be a jerk about it, but they are crying my dog pooped in their yard 3 times in the last two months. The subdivision is about 12 years old. My house was built 12 years ago, thier house was built about 5 years ago. When they moved in, they converted the garage into a theater room and added to the driveway and built the garage after living there about a year.


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## GAEngineer (May 29, 2020)

What application are you using to locate the property line? If you are not using your counties GIS map I would check there next. If that map is still showing encroachment I would go down to the county records office or the tax office and get a copy of both plats. Print the GIS map and take the plats to the neighbor and get the conversation started.

*Edit* - your surveyor friend should be able to get the plats with about 30 minutes work 

This is a much bigger dispute than him complaining about your dog so I wouldn't breathe a word about the dog while you are sorting this out.

If it were me I absolutely would get this sorted out. Remember all the disclosure documents you signed when you bought the property - the seller has to disclose if there are any known boundary disputes. Deal with it now, or deal with it later. The longer you put it off the harder it will be. I doubt that they intended to build on your property so your neighbor may have their own claim to make against some third party.


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## mattech (May 29, 2020)

Btw, let me explain about my dog. He is an inside dog. He is about a year and a half old, and when I got him they also got a puppy. When I walked him thier dog would come up and play, I didn't mind it, when my dog went into thier yard, I would give him a light shock as I wanted him to know the property boundaries. He was very aware of where he couldn't go and they saw me one time get into him for going towards thier yard. They spoke to me and told me it was fine for my dog to come play with thier dog, and they actually preferred it because they felt it helped to occupy thier dog. They have since gotten rid of thier dog because it was to much for them. When I explained that to them, thier response was, well now we don't have a dog and they don't want poop in their yard. I told them, that I can't just tell my dog his friend is gone and stop going down there, but I am once again training him to not go down there. When she first complained I sent my kids down to clean up the poop, and when they got there she responded with, I guess I yelled at him and stopped him before he went, she then told me not to send the kids to pick it up anymore. Lol. 5 years or so and never a problem,kids play together, I've helped them out, they have helped us out. Not really sure what the drama all of a sudden. I've known about the garage being over the line for a couple years now, but just didn't stress it, and try to be a good neighbor.


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## treemanjohn (May 29, 2020)

Uncontested for 12 years? You're going to have a problem. Might be easier to let a sleeping dog lie

My Uncle accidentally built a 15000 ft² metal building with a 1/2 an acre of property Paved for parking on his neighbor's property by accident.  20 years later the property sold and when they got a survey the new owners tried to come after him for taking over an acre of their property. They lost of course and my uncle gained 1 free acre of land


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## Milkman (May 29, 2020)

That should have been caught in the permit process If they were separate lots. Did both lots belong to the same owner/builder at construction?


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## mattech (May 29, 2020)

treemanjohn said:


> Uncontested for 12 years? You're going to have a problem. Might be easier to let a sleeping dog lie
> 
> My Uncle accidentally built a 15000 ft² metal building with a 1/2 an acre of property Paved for parking on his neighbor's property by accident.  20 years later the property sold and when they got a survey the new owners tried to come after him for taking over an acre of their property. They lost of course and my uncle gained 1 free acre of land


The new garage is maybe 4 years old.


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## mattech (May 29, 2020)

Milkman said:


> That should have been caught in the permit process If they were separate lots. Did both lots belong to the same owner/builder at construction?




Different owners and builders. The one that built my house bankrupted during the crash in 08. There were about a dozen lots that never got touched. This one was bought along with several others from one builder. After they moved in, they contracted a different person to build the garage and add to the driveway


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## livetohunt (May 29, 2020)

Survey is the only way to know for sure. Prescribed easement could be involved but I'm not sure. The short period of time may not involve a prescribed easement.


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## Nitram4891 (May 29, 2020)

Like others have said, this could become an issue when you sell unless you either get the structure removed or you hand over the land.  You could do nothing and disclose the encroachment when you list one day but it will be up to the buyer who purchases your house if that's something they want to walk into or not.  Get a survey done.  I don't know the permitting requirements for your county but I would bet that garage didn't get permitted if it's that close or over onto your property.


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## j_seph (May 29, 2020)

mattech said:


> I have a friend that is a surveyor and is looking into it for me, but let's say the line is correct, it sounds like I can either make him buy the land or have the garage torn down? I'm not that type of person to be a jerk about it, but they are crying my dog pooped in their yard 3 times in the last two months. The subdivision is about 12 years old. My house was built 12 years ago, thier house was built about 5 years ago. When they moved in, they converted the garage into a theater room and added to the driveway and built the garage after living there about a year.


Have you looked for a survey pin at front and back of property?


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## Meriwether Mike (May 29, 2020)

Be careful as that back pin could also be the marker for the turn in the line. There could be a pin somewhere along the straight line. If you have a plat get a surveryor to mark the line before you get egg on your face.


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## notnksnemor (May 29, 2020)

JMO
Get the survey, you need to know exactly where your line is.
Even county GIS maps can be off by several feet. I know the ones in my neighborhood are.
Them seeing the survey done will probably initiate the encroachment conversation.
Know what you what you want before having the conversation.
If it comes to lawyers, his will probably try Adverse Possession as a first defense and there are other legalities that can tie it up for a long time and the lawyers are the only ones that come out well.
A fair price for the extra land and redraw the platt and record it on the deeds would be the best outcome.

Edit: If he's willing to buy the land you may be obligated to sell him a wide enough swath that would satisfy any setback requirements as mentioned previously.


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## Twiggbuster (May 29, 2020)

You need to get a survey. Period.
Leave the red flags in as long as possible.
Let it simmer. See if he comes to you first.
Even if that line in your screen shot  is not all that accurate, I betting he’ll still be over the line.

Oh yeah, I see a problem. You’ve waited quite  a while to say anything. If it gets ugly, that could be problematic.


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## rayjay (May 29, 2020)

It looks to me like that rear pin is going to move about 50' to give the set back needed [ which is 15' in gwinnett for example ]. Unless you would accept a dogleg line on that side which I would not accept. So he has potentially  taken way more than just the corner of the garage.  I'm thinking he's owing you at least $20k for the property and he pays all the survey and county gooberment fees.


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## John Cooper (May 29, 2020)

Get a survey done, arial photos are not accurate, even your tax map arial photo may be off. If I look at the tax map it shows part of my house on my neighbors property. The survey showed I plenty of room.

Never trust the arial photo!!!!!!


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## 1gr8bldr (May 29, 2020)

I would first go to the local building department and speak with someone. Zoning, setbacks, were clearly not inspected. Assuming your info is correct. They should sort it out.   They should have "stamped" survey drawings. If the neighbors surveys are wrong, the surveyor has insurance for that


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## ryanh487 (May 29, 2020)

That level of construction would require a permit.  To get a permit,  you are supposed to show that the structure is acceptably within the bounds of your property.


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## 1eyefishing (May 29, 2020)

I've always wondered how conflicts like this were settled when there was a mortgage involved. Can he simply pay you for some property that is under mortgage?


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## notnksnemor (May 29, 2020)

1eyefishing said:


> I've always wondered how conflicts like this were settled when there was a mortgage involved. Can he simply pay you for some property that is under mortgage?



Very good point.
If the OP has a mortgage, the bank may fund the battle.


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## BeerThirty (May 29, 2020)

For starters, I would politely show your neighbor this exact photo. Tell him that you are very concerned and looking into things with a survey, etc... Leave it open ended, play dumb. At this immediate point he's going to realize he better not get on your bad side, and I bet they no longer complain about your dog.


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## GLS (May 29, 2020)

Get the survey.  Consult with a real estate lawyer to determine your rights, any potential defenses by the garage owner and what it would cost to enforce those rights.   Landline disputes are nightmares for all parties involved and the bad feelings can linger forever.  Another poster indicated that his neighbor built a fence partially on his property.  A fence can establish property rights under certain circumstances with the passage of specific times.  I allowed a neighbor to build a fence across a small strip of land owned by me and the neighbor acknowledged in writing recognizing my property rights and stating no intention to claim ownership of the fenced in strip.  The agreement was signed by all property owners involved.  Don't rely on anything in this forum, including this post,  other than advice to get a survey and seek competent legal advice.
Gil


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## DannyW (May 29, 2020)

Be sure, absolutely sure, you know where the property is before you proceed. Even if you have to pay to get that side of your property surveyed.


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## madsam (May 29, 2020)

NOTNKSNEMOR said:


> Very good point.
> If the OP has a mortgage, the bank may fund the battle.


Banks,mortgage comp. etc. will not touch this .


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## rayjay (May 29, 2020)

any individual can sign up on a site that will show the actual recorded surveys the county's have on record. A 4 hour temporary sign up was $5 and it was $2.50 for each copy you download/copy. I had to do this for my neighbor as him evening going over to the courthouse they couldn't come up with the correct survey. Took me about 30 min to figure out how to navigate the above mentioned sight and find the correct surveys.


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## madsam (May 29, 2020)

First thing is a survey . End results is you will end selling him that property.
Start thinking in that direction. Meantime, he will make good friends with 
your dog.


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## Havana Dude (May 29, 2020)

I would attempt the following. Ask to meet with the neighbor in regards to the matter. Offer to have the line I have in red surveyed, and calculated in value per square foot. I would suggest he also pay for the survey since he created the issue. Problem solved for all in the event someone needs to sell.


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## shdw633 (May 29, 2020)

Those aerial lines are rarely correct and you will have squat without a survey regardless of which direction you turn.  You can even see that in how the cul-de-sac is lined out.  I think most county records state, and you have to agree to, that the information provided may not be reliable.  Don't do anything until you get a survey because until you do that you have nothing to stand on.


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## RGRJN (May 29, 2020)

You need a survey first...... One thing you can do before that.....Put a flag at each pin, or peice of PVC lightly tapped into the ground by the pin... If you can't see one from the other because of the garage, then look at a survey. Or you can put a stake at each and run  a string line, either of these would tell you if you needed a survey...*IF* you are sure of the pins. I bought a 10 acre adjoining property that was cut out of family land....had a heck of a time because there were multiple pins from multiple cutouts of the properties. Those lines at the map look screwy, almost like they should be 10-15 feet to the left of where they are depicted.


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## KS Bow Hunter (May 29, 2020)

I've dealt with this twice in Atlanta.  You need to get a survey.  Then decide how you want to handle it with a real estate attorney.  You can draft an agreement that allows him the right to have his garage on your property, and yes, when you go to sell you should have that OR when the new buyer gets a survey (I always do) they will have an issue.  Best to have it resolved before you sell.


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## John Cooper (May 29, 2020)

John Cooper said:


> Get a survey done, arial photos are not accurate, even your tax map arial photo may be off. If I look at the tax map it shows part of my house on my neighbors property. The survey showed I plenty of room.
> 
> Never trust the arial photo!!!!!!


I do not anymore but I worked for 2 different survey companies in the past. Again I say get a survey done, the lines on the arial photo are for reference only and don't mean squat!


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## treemanjohn (May 29, 2020)

Can you find the property pin ? Should be easy in a newer lot


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## northgeorgiasportsman (May 29, 2020)

You can't go by the map.  Most county tax assessor's maps have a disclaimer stating that they aren't 100% accurate.  A survey is the only true way to know.


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## westcobbdog (May 30, 2020)

mattech said:


> So looking at the property lines my neighbor built part of thier garage and driveway on my land. I know these lines aren't always accurate but I've walked and found the rebar post markers. Honestly I don't really care about a few feet like it is. However when I sell my house one day, I know it will be an issue. How would I handle this. Also, the neighbor is being a pain about my dog right now, and this may be ammunition to tell them to shut up. Can I force them to buy the land at a price I set or demand they remove it?



Those tax plat lines are not accurate.I see this over and over looking at these daily.  So that garage may very well be on the neighbors land not yours. Do you have a survey?
Do you have Owners Title Insurance? Check your settlement statement prepared by the law firm you closed with. Your lender makes you buy them a policy, but the Owners portion is optional. It protects your equity interest in your property forever.
Send me a copy of your settlement statement and I can tell you if you have this ins.policy.  Today’s policy is actually enhanced and covers more than just a goof up in the chain of title.
Also if you have a survey for a low cost you can get that one line marked again and you would know for sure.
*Dont sell your neighbor any land, if you did you would need a new survey, new legal description, etc....


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## cowhornedspike (May 30, 2020)

Do you have a copy of your deed? If so and if you can find one of your corner pins then it is REAL easy to sketch it out on Google Earth and see exactly where your line is.  If you can't figure it out then pm me that info and I will do it for you.  easy peasy.


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## marknga (May 30, 2020)

As has been mentioned numerous times have it surveyed, talk openly to the neighbor about your concern.
I bought a lot 2 years ago, 1000 feet of fence on north side. Figured that was the line but when I had it surveyed nope the fence started off a foot on one end and ended up 50 foot off at the other end. I went to the owner and showed him. He offered to buy ( either that or remove the 1000 ft of fence). We came up on agreed value and sold him that sliver. 
Good luck.


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## Hilsman (Jun 11, 2020)

@mattech any word from your surveyor friend?


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## TimBray (Jun 11, 2020)

Wondering about this myself and also what county? 
I know that some years back  a friends parents had about 2-3 ac. on 278 in Oasis Community (278 & Davis Academy Rd. area- Walton Co.). Don't remember if they bought the house or had it built (this was back in the mid-80s and my friend grew up there). They had a small barn (old as the house it seemed) at the back behind their house. Property behind theirs was fenced and I think those folks had horses? Somehow or other they were informed by the county that they were not far enough off the property line with the barn and were forced to tear it down. Looking at google maps it appears the folks behind them sold the property and a subdivision was built so I'm guessing that's how the county got involved. I'm guessing that barn had been there 30-40 years or so.


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## cowhornedspike (Jun 11, 2020)

FWIW there has been no action to my offer above. Would be real easy to see exactly where the property line actually is.


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## madsam (Jun 12, 2020)

So what is the end results ????


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## mattech (Jun 18, 2020)

Sorry y'all, work has been crazy, and the lady hasn't complained so it kind of fell to the back burner.


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## wildlands (Jun 23, 2020)

Need to not let this drop or you will pay for it in the future. Get the survey if they are over and you have to sale will not just be the land it is on but the set back also.


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## Longhorn 16 (Jun 24, 2020)

If I was in your shoes I would explore getting a fence. Let your neighbor know of your plans. Have a survey completed for fence location purposes. If they are on your land, your potential new fence uncovered the issue, no hard feelings.

I would also verify that the expansion work was permitted. Like others have said you will have to deal with it sooner or later. 

Fought this with a developer that tried to use a 50’ x 500’ piece of my land for a buffer for his neighborhood. County sided with me and he had to revise his plans and move a fence location 50’ that would have been on my land.


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## DannyW (Jun 25, 2020)

Longhorn 16 said:


> If I was in your shoes I would explore getting a fence. Let your neighbor know of your plans. Have a survey completed for fence location purposes. If they are on your land, your potential new fence uncovered the issue, no hard feelings.



I like the way you think. A nice non-confrontational way of handling it.


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## Bigtimber (Jun 26, 2020)

John Cooper said:


> I do not anymore but I worked for 2 different survey companies in the past. Again I say get a survey done, the lines on the arial photo are for reference only and don't mean squat!



Id agree with this...Ive seen county maps online that were all over the place....literally dumb stuff ....way off.


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