# Privacy Fence Legal question



## blindhog (Feb 26, 2012)

I have been told by a local fence company owner that after 7 years a fence can't be moved if maintained.

If a privacy fence has been in place between two residential lots along the property line for over 12 years, what would be the ruling if it was then determined to be a little over the line on the plantiffs side?

This fence was built when said plaintiff was living there, and saw the 2 day building process and said nothing.  He has said nothing until this year.

He has told police he will get a survey 6 months ago, but hasn't.  He has sawed 2 of the 4x4 post off at the ground, and is trying to physically push the fence over.

Of course he denies any of this.  His pattern of intimidation and harrassment has not stopped.

I plan to put up security cameras to watch the fence.

Also, how does the Ga state O.C.G.A. 44-4-6  apply?


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## jimbo4116 (Feb 26, 2012)

blindhog said:


> I have been told by a local fence company owner that after 7 years a fence can't be moved if maintained.
> 
> If a privacy fence has been in place between two residential lots along the property line for over 12 years, what would be the ruling if it was then determined to be a little over the line on the plantiffs side?
> 
> ...



I don't think that a fence constitutes a boundary line.

Especially if there is a  recorded survey or plat that does not recognize the fence as a property line and that would be unusual on a modern survey.

I would suggest you get a survey and talk to an attorney.  Prescriptive easement or adverse possession laws are sometimes complicated and in either case someone has to file suit for there to be a settlement.

It might be a matter of whether he own the fence or you have possession or use of his property.

A few dollars spent at a good real estate attorney might be money well spent.


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## skiff23 (Feb 26, 2012)

It stays. But as always , It will depend on who gets the best lawyer to file with the courts first. Get a lawyer and send the neighbor a letter demanding he leave it alone. I went through this 4 years ago. I won the case, but still spent alot of money.
Nobody wins.


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## Fletch_W (Feb 26, 2012)

A fair judge would make you both split the cost to rebuild it on the correct property line. You are at fault for building it on his property, and he is at fault for letting it go for 7 years. If he's that mad about it, you should have an attorney talk to his attorney, get a few quotes, and both split the cost of rebuilding the fence. After 7 years, it probably needs rebuilding anyway. If not now, then in another 5 years. Think of this as a way to get someone to pay for part of it, and make friends with your neighbor simultaenioueaously. And the lawyers will also get paid.


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## jkk6028 (Feb 26, 2012)

Curious to hear the outcome of this


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## blindhog (Feb 26, 2012)

Just FYI, I built the fence 6" to my side of where the builder put the lot markers.
This guy has not said a word for over 12 or maybe it has been 14 years.  The fence is fine.

the way he began this was with mean looks and intimidating posturing.  He scared my wife with hateful stares.  He is big.  After at least 9 incidences of this I confronted him.  he said " you know this fence is over the property line".
I told him how I located the fence, and asked him what he wanted to do about it.
He answered, "it is done did, I just wanted you to know."
3 weeks later he looked around the fence and stared menacingly at my wife sitting on the back deck for about 15 seconds 6 months ago.
There was a series of police visits after that due to "lakeview Terrace" type events.  
After a visit from 2 code enforcement officers and 2 police officers he told them he would get a survey.  It has been about 3 months since that, and no survey.
I have had the police here 2 times in the last 3 days. I am documenting a pattern of vandalism and harrasment.

I think this 300 lb gorilla does not want to settle this in normal ways.


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## rayjay (Feb 27, 2012)

If this pattern of behavour has begun recently I would be very careful as it sounds like the guy is becoming irrational and he may have some health or other problems affecting his mental state.

People like this are the ones you read about in the paper that 'suddenly' murder people. There is nothing sudden about it if you are paying attention to the signs of mental deterioration.


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## GoldDot40 (Feb 27, 2012)

You might be better off to just build a new fence....well onto your property. Leave the old one as is. Let him do whatever he wants with it. Are your certain the guy is mentally stable? Sounds like his elevator  isn't going all the way up...


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## Wild Turkey (Feb 27, 2012)

If the fence was built on his side of the PL and he has been fully aware of it for more than 7 years. The property on your side of the fence is yours now. Eminent domain aka squatters rights.
Same goes the other way. 
Its your fence and if he damages it he is laible for the damage.


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## jimbo4116 (Feb 27, 2012)

Wild Turkey said:


> If the fence was built on his side of the PL and he has been fully aware of it for more than 7 years. The property on your side of the fence is yours now. Eminent domain aka squatters rights.
> Same goes the other way.
> Its your fence and if he damages it he is laible for the damage.



Not Eminent Domain that is when the government condemns your property.  This would be adverse possession.  The land is not automatically after seven years. By the OPs account the fence is 6 inches on his property, does that mean he gave the neighbor that six inches or can the neighbor claim it because he has been mowing it? Either way the property would have to be claimed in a quiet title suit.  There is more two it than just saying it is my property because you let me use it.

This is going to cost some money. A survey could be the least expensive.  Proving the fence is on the property would put the onus on the neighbor.

Best thing is to talk to an attorney and if necessary get a peace warrant against the neighbor.


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## BoneHunter77 (Feb 27, 2012)

sounds interesting. Let us know what happens. Do you have a home alarm system i.e. ADT? You might want to invest in one if you don't. And teach your wife how to shoot a gun if she doesn't know  how to already. Never can be too cautious.


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## georgia357 (Feb 27, 2012)

rayjay said:


> If this pattern of behavour has begun recently I would be very careful as it sounds like the guy is becoming irrational and he may have some health or other problems affecting his mental state.
> 
> People like this are the ones you read about in the paper that 'suddenly' murder people. There is nothing sudden about it if you are paying attention to the signs of mental deterioration.



Have to agree with rayjay on this.  Sounds like this guy is fixing to lose it.  I'd be very careful and watch him like a hawk.


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## Meriwether Mike (Feb 27, 2012)

Would he be willing to sign an easment encroachment agreement between you and he? By this you would acknowledge that you know the fence is over the line and make no claim towards ownership of his land, but the fence can stay in place.


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## skiff23 (Feb 27, 2012)

The fence does not sound like the problem. You and your wife need to start keeping a gun handy so he can see you dont like his threat. He sounds like he will loose it shortly. Keep the cops involved as much as possible.


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## rayjay (Feb 27, 2012)

I disagree totally. Whackos can be set off by any show of resistance or upping the stakes by their 'victims'. Stealthy vigilance and a HIGH level of preparedness would be my recommendation.  

The OP and his wife need to have indepth discussions on possible scenarios. Wives usually don't like this sort of thing but situations like this call for candor .


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## blindhog (Feb 27, 2012)

Yes, my wife after 25 yrs of marraige finally has touched a gun and learned to shoot.

I am aware of the insanity going on here.  Yes, it appears to be escalating.

I am convinced the fence is not the problem.

Shortly, within days, a 6 camera security surveilance system will be installed.(at the suggestion of the police force)

I have a carry permit, and carry whenever I am in the yard.

There are several defensive tools around the house.

This nut smokes weed in the broad daylight, and even at 6:15 am before daylight. I am very close across the fence and smell it.  What other drugs is he doing?

No one should have to live like this.


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## merc123 (Feb 27, 2012)

Thought I had posted this already...

Adverse possession for 7 years only applies under the color of title.  Being that the owner honestly believes that it is their property and goes uncontested.  

Adverse possession by...well adverse possession is I think 20 years before it becomes yours...

Already went through this with a mobile home...


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## blindhog (Feb 27, 2012)

I honestly believe it is my property, and it has gone uncontested for way over 7 years.
We are talking inches.

Look beyond the fence being the issue, by his actions.


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## merc123 (Feb 28, 2012)

I'd get an attorney then...  JMO.

If his actions are disturbing to you...see about getting a restraining order against him.  Violates it and he goes to jail.


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## blindhog (Feb 28, 2012)

I discovered  new post sawn through. This one we looked at saturday with the polic officer when I called about him pushing the fence over.  This post was inspected then and was NOT sawn at that time.  I have the same officer coming in the morning to do a report.
I called an attorney today, told him the synopsis, he said the guy is a nutt!  Right now at this stage he suggested i talk to an investigator, go above the street officers.
I went this afternoon to get saturday's police report.  While I was there I went around to the Magistrates.  I talked to her clerk about this, and she explained a scenario in court.  She said pictures would work to bypass a warrant hearing, and get an arrest.
I am ordering a 4 camera system tomorrow, a QSEE from Costco.


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## Lukikus2 (Feb 29, 2012)

Sounds like your on the right path. Good luck and let us know what happens.


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## tv_racin_fan (Feb 29, 2012)

Do believe I would have a survey done and move the fence if it is indeed on his property AND keep a close eye on him as well.


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## rayjay (Feb 29, 2012)

Get out there with a metal detector and see if you can find the ipf's.


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## buckshot4:13 (Feb 29, 2012)

rayjay said:


> Get out there with a metal detector and see if you can find the ipf's.



I really believe it is that easy find the pins or have a survey done (u pay) If pulling a string can solve the problem I would do that.  But I sure wouldnt stand any threats from him.


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## blindhog (Feb 29, 2012)

Here's the main point you have to remember:  I asked him what do you want to do about it.
He replied.." It is already done did.., I just wanted you to know." And then walked off.  His whole posture has been anger from the start of the intimidating looks.
3 weeks after the verbal confrontation is when he stared my wife down with a look that made her cry.  That's when she told me there had been 2 other times he had done this.
After I called the law at this incidence, any "negotiating" is over between us.
It is NOT my place to pay for a survey, and I bet even when it shows I am on my property, or not, this guy's fuse has been lit.


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## gadeerwoman (Mar 1, 2012)

Sounds like there may be more going on than just a problem with a fence. Has there always been animosity between the families? The fence sounds like it is just the 'picking' point.


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## blindhog (Mar 2, 2012)

We have had no contact with each other, no incidences at all.

I have been told by the investigator the Judge will hear this case to see if he needs to be ordered to pay for the repairs.

I think I will wait until the cameras are up to have the hearing.

What I have here is ignorance and disreguard for due process of the law.
And just enough "crazy" thrown in to be scary.


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## rayjay (Mar 2, 2012)

You need to expedite the camera installation.

You need to keep your emotions in tight check. The way you win these contests of will is to stay cool and rational. You cannot afford any actions that would be prejudicial to you in a court of law.

You also need to carefully consider a longer view. If the guy gets arrested and they search his house and find illegal drugs, etc he is going to blame you for it and ratchet up his stupid behavior. If he gets arrested and they find drugs that result in further charges I would suggest sending the wife away for a some period of time when he bonds out of jail. For this period of time you should be on your property 24 hrs a day.

I spent about 4 years in a battle of wills with a drunkard whose business adjoined mine. This guy would be polishing off his first beer of the day before 9 AM. Every week he would put out garbage cans full to the top with empty beer bottles. I won the war but the toll on my health lingers even 10 years later. 

People whose thought processes are addled by mind altering agents are completely unpredictable. It is guaranteed that they will do things that catch you by surprise.


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## blindhog (Mar 2, 2012)

I had the city engineers come out today and we found the pins, right where the plat said they would be.  My fence is 6" at one end to a foot at the other end on my property of the 155' fence.  I had a police officer come while the engineers were here and do a report, and they called him home from work to show him the pins adn tell him my fnce was NOT on his property.
Now we wait and see what's next.


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## rayjay (Mar 2, 2012)

What kind of business employs irrational people?????

Oh wait a minute, from my own experience they are self employed !!

Imo, he needs to apologize and pay for a legitimate fence company come out and replace the 2 posts. Otherwise I would have him in court for damages. Don't forgo the cameras. If he continues the irrational behavior they will come in handy.


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## skiff23 (Mar 2, 2012)

rayjay said:


> What kind of business employs irrational people?????
> 
> Oh wait a minute, from my own experience they are self employed !



Care to explain...


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## tad1 (Mar 3, 2012)

it would be ideal if the cameras arent easily detected either and if he doesnt see you intalling them.
   Good luck man.  I hate that you have to deal with this in your own home.  That should be your refuge.
                  JT


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## billyrb (Mar 7, 2012)

that stinks, and makes me happy I have good neighbors (for the moment).  No matter when it is resolved, or how comfortable everyone feels, I would make sure to get the cameras installed along with an alarm system, with visible signs, and always be aware of your surroundings.  Nuts like that might cool off for a while, but eventually they decide they were wronged and get all mad again.


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## billyrb (Mar 19, 2012)

any update on this situation?


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## Amend2nd (Apr 17, 2012)

I have researched this in great detail.

Google "Georgia Property Boundries" and Georgia "aquiesence law" and you will be on the tra ck immediately.

The bpoperty boundries are marked by surveyors and cannot be legally moved by anyone but another surveyor. Older boundries that use natural markers could be problematic(especially if they no longer exist).

Detrmine whose property the fence is actually on. If it is on your property you may do as you please. If you want to attempt to be a good neighbor and the other person put the fence up...  simply IN WRITING via certified mail that you intend to take down/remove the fence  if he doesn't want to relocate it properly onto his property.

Chance are if his fence is on your property he has become accustomed to the arrangement and will resist or out and out ignore you.

The "7 year" rumor involves the act of "aquiescing". The action requires more than a claim. The person wishing to "aquiesce" must complete some legal steps before attempting to make a claim on a dispute. First action is to actually locate the owner to resolve the issue prior to initiating a court action. If not response is returned the court may procede and entertain the claim.

One stipulation if the land has not been maiantained and the other person that doesn't own it has mainatined it ...well  use the internet. You can learn. Start by Googlin "Georgia property line laws" and follow the yellow brick road.

http://www.expertlaw.com/library/real_estate/acquiescence.html

http://www.nolo.com/legal-encyclopedia/georgia-laws-neighbor-property-disputes-65226.html


If the neighbor attempts to be "difficult" just rely on the law.


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## NG ALUM (Apr 18, 2012)

merc123 said:


> Thought I had posted this already...
> 
> Adverse possession for 7 years only applies under the color of title.  Being that the owner honestly believes that it is their property and goes uncontested.
> 
> ...



As I remember from Real Estate Finance and Business Law Adverse posession is as follows....The tresspasser must do it openly,publically, continuaslly, and without permission for seven years with proof. It after seven years the tresspasser can prove that he believed the property was his and used it as his own under the conditions above then he has a good adverse possesion case. however this almost never works in court because a very quick way to end it is for the rightfull land owner to say he gave you verbal permission to build the fence there at the time but did not specify for how long you where able to keep it there. At that point it's your word against his, you can't prove he didn't give you verbal permission. So all he has to say is he gave you permission for the first six years and now he wants it moved. 

This will most likely wind up in court unless he changes his attitude. Sorry you are dealing with this.


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## NG ALUM (Apr 18, 2012)

merc123 said:


> Thought I had posted this already...
> 
> Adverse possession for 7 years only applies under the color of title.  Being that the owner honestly believes that it is their property and goes uncontested.
> 
> ...



As I remember from Real Estate Finance and Business Law Adverse posession is as follows....The tresspasser must do it openly,publically, continuaslly, and without permission for seven years with proof. It after seven years the tresspasser can prove that he believed the property was his and used it as his own under the conditions above then he has a good adverse possesion case. however this almost never works in court because a very quick way to end it is for the rightfull land owner to say he gave you verbal permission to build the fence there at the time but did not specify for how long you where able to keep it there. At that point it's your word against his, you can't prove he didn't give you verbal permission. So all he has to say is he gave you permission for the first six years and now he wants it moved. 

This will most likely wind up in court unless he changes his attitude. Sorry you are dealing with this.


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## polaris30144 (Apr 19, 2012)

NG ALUM said:


> As I remember from Real Estate Finance and Business Law Adverse posession is as follows....The tresspasser must do it openly,publically, continuaslly, and without permission for seven years with proof. It after seven years the tresspasser can prove that he believed the property was his and used it as his own under the conditions above then he has a good adverse possesion case. however this almost never works in court because a very quick way to end it is for the rightfull land owner to say he gave you verbal permission to build the fence there at the time but did not specify for how long you where able to keep it there. At that point it's your word against his, you can't prove he didn't give you verbal permission. So all he has to say is he gave you permission for the first six years and now he wants it moved.
> 
> This will most likely wind up in court unless he changes his attitude. Sorry you are dealing with this.



Try reading the posts to see if anything you wrote applies.....
"I had the city engineers come out today and we found the pins, right where the plat said they would be. My fence is 6" at one end to a foot at the other end on my property of the 155' fence. I had a police officer come while the engineers were here and do a report, and they called him home from work to show him the pins adn tell him my fnce was NOT on his property.
Now we wait and see what's next".


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## NG ALUM (Apr 19, 2012)

polaris30144 said:


> Try reading the posts to see if anything you wrote applies.....
> "I had the city engineers come out today and we found the pins, right where the plat said they would be. My fence is 6" at one end to a foot at the other end on my property of the 155' fence. I had a police officer come while the engineers were here and do a report, and they called him home from work to show him the pins adn tell him my fnce was NOT on his property.
> Now we wait and see what's next".



Ok so I missed that post...the thread started out as an adverse possesion thread. Atleast now if I remembered correctly then someone has a better understanding of adverse possesion. 

When you are proving someone wrong you could try and be a little less sarcastic and a little more diplomatic. Atleast thats how how your post came off "Try reading the post and see if anything you wrote applies...." Sounds very condensending to me...smart I like, smartbutt I don't, but thanks for pointing it out.


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## BigSwole (May 26, 2012)

OP!

what ever came of this if any?


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## westcobbdog (May 27, 2012)

Tread lightly with this wacko, do you have owners title insurance? Newer policies in the last few years pay to move stuff, who knows, yours could be coverd,too. For my own piece of mind I would get a basic boundry line survey, it costs around $350 in metro Atl. If he is right I would move the fence if title insurance won't. If he is wrong I would rebuild higher so he couldn't give my family any grief.


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## chase870 (May 27, 2012)

Now that his chain has been jerked a little, go home, load a shot gun, leave the front door unlocked and wait. Stand your ground. Just be sure he isnt wearing a hoodie and eating skittles.


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## zedex (May 30, 2012)

Maybe I am wrong but I don't think his issue is with the fence or property line. I'll explain:

 When someone is eyeballing your wife as described then makes comments about the fence, the fence becomes a tool to potentially get a close-up on the wife.

 He is obsessed with her. Forget the fence for now and concentrate on making her safer. While cameras can record what happens, they do nothing to stop it. 

 If possible, walk the outside of your property and look for areas where he may hide to observe her movements in, and out, of the house. Invest in some window tint to conceal her location inside-- but remember that window tint is a one way device only half the time. At night, tint does not offer privacy when a room is lit up.

Make her safe right now. Your neighbor is off balance and God only knows when he'll tip completely over.


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## simpleman30 (Jun 28, 2012)

any updates on this situation?  kinda interested to see how it turned out...


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