Is it our responsibility to remove the fences built prior to our ownership that fall into the neighbor's property line?

Bankruptcy and Debt 4 views 4 answers
We purchased our house in 2012. Our backyard, fully fenced in, is adjacent to the uphill neighbor. The fences were built prior to our ownership. The uphill neighbor has no access to the land at the lower level where our yard is. They have their own fences built at a higher ground and ours are at the lower level. We both had a survey done and the results agreed. My questions are: 1. Are we required to remove the fences that were built before our ownership? We agree with the survey and do not have problem if they want to remove the fences themselves. Can they sue us if we don't remove the fences/move the shed for 1 ft.? 2. Can we claim adverse possession on the land (it's very small compared to the whole yard) that the neighbor has no access to? It's been at least ten years that the owners of our house used the yard openly and exclusively.

Attorney Answers

4
Jon A. GottliebReal Estate AttorneyAtlanta, GAGA licensed ·
Without knowing more facts the simple answer is that you are responsible for items belonging to you, including the fence you bought from the prior owner. If you agree with the survey you cannot claim AP.
0 upvotes
John Hopkins ·
I agree with Mr. Gottlieb. I would add that if they bring a lawsuit, or if you do, it may become quite expensive to litigate the issue of what sounds like a rather small piece of the property (1 foot along the back boundary). To be cost effective, and perhaps to be a "good neighbor" the best way to deal with the situation will be to talk with your neighbor, and perhaps they will contribute some of the cost associated with moving the fence, but if not, you may determine that you should just go ahead and pay for it yourself.
0 upvotes
Robert Collins ·
Are they willing to sell you one foot of the land, seeing as they don't use it? That would be the easiest way out, and possibly cheaper than taking out the fence and re-installing it a foot away.
0 upvotes
Charles I. PollackCorporate / Incorporation LawyerAtlanta, GA ·
If the neighbor is cooperative, a Boundary Line Agreement may be the solution. It re-sets the boundary between the properties, and would allow you to keep the fence and shed where they are.....you would need some survey work to establish the new dividing line.
0 upvotes

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