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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40137
Experience:  Texas Attorney for 30 years dealing in real estate
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My neighbors roof hangs over onto my property. I would like

Customer Question

My neighbors roof hangs over onto my property. I would like them to move it or pay me something to rent or by that piece of my property. It is possible a small piece of their house is over the line as well. The roof is over by approximately 1 foot.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You can force them to move it or buy it from you.You need a current survey to show how much you own and how far is the intrusion.Then you set your price and if they do not buy it they have to move it.The lawsuit would seek to force them to move it and pay you damages here for loss of use including legal fees and costs.

I would start with a survey, if you have one then a demand letter for them to purchase it for an amount you think it is worth is the next step.If they don't agree to buy it you will need a lawyer and force resolution. You want to resolve this matter before they can claim adverse possession here.

Expert:  Ray replied 1 year ago.

Here twenty (20) years is the time period for them to claim adverse possession. Georgia Code §44-5-163.You need to resolve this prior to that period as it affects your ability to ell with such an encroachment.

I appreciate the chance to help you today and wish you the best here.

Expert:  Ray replied 1 year ago.

Lawyer referral in case you have to sue here..

http://www.lawyers.com/real-estate/georgia/find-law-firms-by-city/

If you can positive rate when we are done it is always much appreciated.

Customer: replied 1 year ago.
How do you determine what value should be for them relieving the encroachment?
Expert:  Ray replied 1 year ago.

You decide what you feel this is worth.Honestly it would likely cost them $10k here to move it or more.That might be a good round figure, you make the call.Its not what it is worth but what you feel it is worth knowing they are over a barrel and moving this would not be cheap.

Expert:  Ray replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.Have a good evening.