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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption