A good fence can serve a variety of different purposes. It can add a sense of completion to a yard, contributing to a house’s curb appeal. A fence could make a yard safer for pets or children by keeping them out of traffic or just close to the house. Fences can even help keep unwanted animals out of your garden, including humans who might disturb or pick your plants.

Unfortunately, fences can also be a source of disagreements between neighbors. Particularly in situations where one neighbor wants a fence and the other doesn’t or where there is a dispute regarding the placement, height or style of the fencing, the installation of a fence could lead to complicated real estate legal issues.

What rights do you have regarding an unwanted fence?

As a homeowner in Georgia, you have certain rights when it comes to your property. However, those rights end at the boundary of your land. If your neighbor takes care to make sure that the fence and all of its support are only on their property, you will have very little recourse regarding the installation of the fence.

In situations where the fence sits exactly on the property line or encroaches onto your property, you may be able to take legal action requesting the removal or at least the relocation of the fence. Even if your neighbor only encroaches on your property by a few inches, failing to take action could mean that eventually, the official boundary for your property will change in favor of your neighbor who encroached on your yard with their fence.