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Neighbor has built a gate on my property

Discussion in 'Adverse Possession' started by vadajohn, Jun 8, 2019.

  1. vadajohn

    vadajohn Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    My neighbor has built a gate on my property. In the enclosed picture the section that is closed is on my side. I understand with adverse possession laws in Georgia I must act or the land could be forfeited eventually. My neighbor is apologetic and will sign an agreement I choose. I'm okay with the gate there because it does keep people out. Can I just offer to buy the gate for a small fee?
     

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  2. PayrollHRGuy

    PayrollHRGuy Active Member

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    You are free to offer anything you want. Should your neighbor refuse you can simply remove it.

    You could also simply charge him $1.00/year rent.
     
    vadajohn and justblue like this.
  3. vadajohn

    vadajohn Law Topic Starter New Member

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    Thanks for the reply. I'll get with him on it.
     
  4. Zigner

    Zigner Well-Known Member

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    Heck, he could just formally acknowledge and allow it in order to prevent adverse possession from coming in to play.
     
  5. zddoodah

    zddoodah Well-Known Member

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    There's no conceivable answer to this question other than yes. Is this really what you intended to ask?
     
  6. vadajohn

    vadajohn Law Topic Starter New Member

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    Yes. When you consider two weeks ago I never conceived a law idiotic enough to place the burden of action on the property owner when someone builds on that owner's property, I thought I better ask. Thanks to everyone.
     
  7. Zigner

    Zigner Well-Known Member

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    Who else would the burden be on? If someone does something to harm your interests, it's on you to protect your interests. It's really no different than if the neighbor parked his car in your driveway...it's on you to deal with it.

    Having said that, I'm glad that you did ask and I hope that others who may happen upon this thread come away with a better understanding of the matter as well.
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I can sympathize with the property owner as I'm assuming that many would believe that what seems like a harmless permission at the time shouldn't have permanent application. A mistake was made and it doesn't seem you should lose your rights of control.

    I would be careful about this situation. I'm not sure adverse possession is applicable here because it doesn't seem that the neighbor is depriving you of access and/or use of the property. I'd consider easement, which seems more applicable to this set of circumstances. Essentially you're allowing your neighbor to place something on your property and make use of it indefinitely without asserting control.

    Buying the fence means you'll be required to maintain it and be responsible if it causes damages. But this addition may be desirable to you for preventing vehicles from entering your land and it won't cost you, e.g. you buy it from the neighbor along with any rights that flow with it regarding repair, etc. @PayrollHRGuy suggested a rental agreement or some other nominal agreement which states that there is no easement created by having this fence on your property. There are options for you to choose from and you now have a better idea of some of the legal issues you may encounter.
     

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