In Georgia, the answer is yes, but only through the proper legal steps. While the state does not have a specific “fence law,” property disputes involving a Cobb County residential fence fall under broader categories such as trespass, easement, nuisance, or property damage. If a neighbor builds a fence or structure on your land without permission, it’s considered encroachment.
Understanding Fence Encroachment in Georgia
Property boundaries can cause major confusion between neighbors, especially when a fence extends over the line. While you have the right to remove a fence on your property, Georgia law requires that you follow proper legal procedures first. Acting too quickly could expose you to liability or damage claims.
How to Handle a Fence Encroachment
Step 1: Verify Property Lines
Hire a licensed land surveyor to confirm exactly where your property boundaries lie. Even minor measurement errors can create long-term disputes. You can find licensed professionals through the Surveying and Mapping Society of Georgia.
Step 2: Communicate with Your Neighbor
Before taking legal action, speak with your neighbor directly. Many encroachments result from honest mistakes, not deliberate boundary violations. Open communication may resolve the issue without further steps.
Step 3: Provide Written Notice
If the Cobb County residential fence remains after discussion, send a written notice requesting removal within a specific timeframe. Keep copies for your records in case the dispute escalates.
Step 4: Seek Legal Guidance
If your neighbor refuses to act, consult a real estate attorney familiar with Georgia property law. You may need to file an encroachment claim or request a court order for removal. Taking independent action before these steps can lead to trespass or damage claims against you.
Why This Matters for Cobb County Homeowners
Property line disputes can affect home value, privacy, and safety. As a trusted Cobb County, GA fence company, Complete Fence of Georgia understands how important it is to install fences within legal boundaries. Our team can help you review property lines and design a Cobb County, Georgia residential fence that enhances your property while remaining compliant with local regulations.
For more information about our fencing services, visit Complete Fence of Georgia.
Know Your Rights and Take the Right Steps
Can you remove your neighbor’s fence if it’s on your property? Yes, but only through the correct legal process. Protect your rights by confirming boundaries, communicating clearly, and working with professionals who value accuracy and integrity.
If you’re dealing with a fence dispute or planning a new installation, contact us today or call us at (678) 653-9937. We’re here to help you find the right solution.
