In the classic Georgia case of Hornsby v. This is commonly referred to as a ' spite fence.' Although there is no specific law against these structures, Georgia common law supports spite fence litigation. For example, a fence may be built with the primary purpose of annoying a neighbor. When a dispute escalates, neighbors start saying and doing things simply to upset the other person.

Trees located on a boundary line are considered joint property, and no single neighbor can decide to remove the tree.

If you damage the structure of a neighbor's tree, you may be liable for damages.

When branches or roots belonging to a neighbor's tree hangs over your property, you have a right to trim it back to the property line.

You maintain your trees in such manner that they do not damage the property of another.

Here are some of the legal considerations of owning trees: Georgia loves its trees! Many cities, such as Savannah and Georgia, have local rules that may affect your ability to trim back or remove trees on your property. Applying these rules will determine if a fence is compliant with the law. For example, HOAs limit the colors you can paint your fence, while local zoning rules limit a fence's height. However, local laws and home owners' association (HOA) rules often have a great deal of control over the construction, appearance, and maintenance of fences. Homeowners can take great pride in the outer appearance of their homes and the surrounding landscaping. Therefore, no one neighbor can remove or modify an existing fence without the other neighbor's permission. Specific issues with fence construction and design are controlled by local codes and regulations.ĭespite the absence of law directly on point, a fence placed on the property or boundary line between two or more properties is understood to be jointly owned by the neighbors. Although Georgia does not have laws specifically addressing fences, many related issues fall under state laws on easements, trespass, nuisance, and property damage. This is particularly true when only one neighbor wants or need the fence.

Fence Law in Georgiaįence disputes typically concern building or maintenance issues, including the cost who should pay and how much and the type or height of the fence. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. City of Savannah Minimum requirements for fences.Request the removal of the encroaching structure.Provide a written agreement for the use.

When a neighbor place a structure that intrudes on (or over) your land, you can: Georgia § 51-12-50 Damage to trees of another.Georgia § 16-7-22 Criminal damage to property.Georgia § 44-9-2 Right to an easement of light and air.Georgia § 44-5-161 Title by prescription.

This chart provides a summary of key Georgia laws relevant to property line and fence disputes. Quick Look: Georgia Property Line and Fence Laws A legal solution may also be sought under Georgia's property line and fence laws. When property disputes arise, talking things over with your neighbor can be the quickest solution. Given the close proximity of homes in neighborhoods across Georgia, property line issues are not uncommon. This right extends to encroaching fences and your neighbor's branches. As a property owner in Georgia, you have the right to exclude people and things from your land.

Installing Fence Inside Property Line