If I want to take a fence down that is located on my property but my neighbor is not happy about it, can they do anything legally to prevent me removing it?

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If I want to take a fence down that is located on my property but my neighbor is not happy about it, can they do anything legally to prevent me removing it?

Or sue me if I take it down? It has been up for 12 years.

Asked on July 2, 2012 under Real Estate Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Fences and trees are the big deal breackers with neighbors. Is the fence on the proeprty line or your property?  If it is on the property line then it belongs to both of you and neither of you can do anything to the detreiment of the other.  If you took it down to say repair you would have to put one back up.  If, however, it is on your property then you can do with it as you please, subject to local ordinances.  If he is unhappy he can put one up himself.  Can he sue you?  This is America.  People sue for anything.  Will he be successful?  That is undeterminable in this setting.  Good luck.


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