What to do if the house next door to me sold and the new owner wants to put a fence down the middle of our shared unpaved driveway?
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What to do if the house next door to me sold and the new owner wants to put a fence down the middle of our shared unpaved driveway?
My house was built in 1935 and his house about 10 years later. Now he wants to put a private fence around the property which would run down the middle of the driveway and rent it for an office.
Asked on February 23, 2012 under Real Estate Law, Georgia
Answers:
Paula McGill / Paula J. McGill, Attorney at Law
Answered 12 years ago | Contributor
It appears you have an easement in his part of the property. As a result, you might be able to stop the private fence.
In short, an easement permits a person use of property after a period of time. The easement runs with the land. Once an easement is established, the land owners cannot interfere with the other party's use.
You might have to go to court to block the improvement. Land disputes are complex. As a result, you should consult with an experienced real estate attorney to discuss your rights and the existence of an easement or other property right.
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