Property line problem

Discussion in 'General Industry Discussions' started by Chilehead, Aug 10, 2010.

  1. Chilehead

    Chilehead LawnSite Bronze Member
    Male, from Stockbridge, GA
    Posts: 1,898

    I have a neighbor behind me that's truly a PITA. When I came home from work today, I find out from my wife that some surveyors were out pounding stakes around the perimeter of his property. The guy is going to be putting up a fence. Fine. The problem is that I have a drainage issue that requires me to raise my backyard.
    The neighbor's fence is to run paralel to my rear property line, but the line is at the lowest point of the yard--exactly where I need to trench to lay my footer for a retaining wall. The neighbor won't budge on moving the fence towards his house by a mere 12", but then again it's the property line.
    Here's the real kicker. The retaining wall will need to be built with a set-back vs. a vertical face. Even if I was to build a wall, my backyard would be too shallow (front to back) to meet code. What to do?:confused:
     
    Last edited: Aug 10, 2010
  2. money talks.
     
  3. bradseabridge

    bradseabridge LawnSite Senior Member
    Posts: 720

    flood his backyard once then talk to him.
     
  4. Chilehead

    Chilehead LawnSite Bronze Member
    Male, from Stockbridge, GA
    Posts: 1,898

    Yes, but only with some. This guy REALLY won't budge.
    This would get me in a heap of trouble. The way the law works here is if I cause a situation to damage/inconvenience another, I am 100% liable. This guy knows this, and is why he is doing this. He likes to get people P.O.'ed. You should see the stakes on the sides of his property. They appear to cross over the property boundaries of his other neighbors. If it's one thing you don't do, it's earn a spot on the black list of a pyromaniac.:angry::angry::angry::angry::angry:
     
  5. ajslands

    ajslands LawnSite Silver Member
    Posts: 2,238

    Get some ground clear and write your competitions initials it his yard!


    Why don't you build the wall before he puts his fence up?
    Posted via Mobile Device
     
  6. Chilehead

    Chilehead LawnSite Bronze Member
    Male, from Stockbridge, GA
    Posts: 1,898

    I'd love to build the wall now. However, it is a felony in Georgia to remove stakes placed by a surveyor. This includes both the metal pins and any wooden stakes/markers placed above ground. The stakes are directly where I want to put my footer. The fence is going up within days.
     
  7. bc3xx0

    bc3xx0 LawnSite Senior Member
    Posts: 304

    Check your codes. Here, if you build a fence and both neighbors are not sharing it, it has to be at least 12" off the property line. If both neighbors are sharing it, it can be on the property line.
     
  8. ajslands

    ajslands LawnSite Silver Member
    Posts: 2,238

    Hey those stakes will make good rebar!
    Posted via Mobile Device
     
  9. Fireguy97

    Fireguy97 LawnSite Senior Member
    Posts: 394

    Like others have said, check your codes. If you're looking to build a wall like that, you should already be checking codes.

    Here, a fence and a retaining wall has to be on your side of the property line, not on the property line. Here you have to allow your neighbor the ability to place a fence or wall on his/her property without the hinderance of your wall or fence.

    Here, if the neighors fence is on the property line, and if I want to put up a fence on my side of my property line, his fence comes down, and he pays.

    Mick
     
  10. Chilehead

    Chilehead LawnSite Bronze Member
    Male, from Stockbridge, GA
    Posts: 1,898

    I sure wish it was like that here. The law is set up where building on the property line is permissible. Technically, he's building directly on the easement (stormwater flow) and there is no code to stop him because of how the land is zoned.
     

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