One of the most common sources of conflict between neighbors, other than occasional late night noise and college football, is property line disputes. Oftentimes the conflict arises out of bordering plants growing from one neighbor's property to another, or the condition of a shared wall or fence in relation to the property line. All property owners should be aware of the law concerning their property boundaries so they can best protect their interests, as well as be a good neighbor.

Determining ownership of bordering plants, fences, and party walls

The ownership of a tree is determined by the location of its trunk in relation to the property line. If the trunk is completely on the property of a person's land, then the tree belongs to that person even if the limbs are extending over the property line. However, an adjacent landowner can clear away branches extending onto his property. In general, a landowner has control over any part of the plant that exists on his or her property.

This is illustrated in the case Willis v. Mahoof. In that case the Plaintiff, Mahoof, was severely injured when a tree fell on him. The parties lived next door to each other and always assumed the tree in question belonged to the Defendant, Willis. Willis v. Mahoof, 184 Ga, App. 349 (Ga. Ct. App. 1987). In fact, the tree grew on the property line of the parties' properties, with half the trunk on each property. Id. By analogy, the Court adopted the same rule applied to party walls, such as those between condos or urban structures. With party walls each landowner has rights and responsibilities for the part of the wall that exists on their property. Here, the Court ruled that each landowner has an interest in the part of the tree that is on their property. Id. Also, both parties have a duty to maintain the tree. Id. For this reason the Court ruled Mahoof could not recover from the injury, since the tree that injured him belonged to both him and his neighbor. Id at 350. Both neighbors had a duty to make sure the tree was not in danger of falling.

Using fences and other markers to determine property lines

Consider the following hypothetical. A new neighbor moves into the house beside you. As part of his efforts to landscape his new lawn he plants a row of Leyland Cyprus along the property line the two of you share. Eight years later you decide you want to extend your house towards the property line with your neighbor. Your neighbor complains, citing a law that requires you to keep a buffer between your house and the shared property line. You look into where the property line is and discover the Leyland Cyprus trees are about 2 yards onto your property. Unfortunately, there may be little you can do to reclaim your property.

The statutory period for adverse possession is seven (7) years in Georgia. O.C.G.A. § 44-4-6 (2009). The erection of a fence or some other border by one owner will create a new boundary if the neighbor does not protest to the new border within 7 years. Henderson v. Walker, 157 Ga. 856 (1924). In Young v. Wiggins, the Court ruled a fence that had been erected by a preceding land owner that had been standing for seven (7) years created a new property line since the neighboring landowner acquiesced to the fence for the seven (7) years. Young v. Wiggins, 229 Ga. 332 (1972). In the case of the hypothetical above, the Leyland Cyprus had been planted eight (8) years before you discovered they encroached on your property. According to O.C.G.A. § 44-4-6 and Henderson v. Walker, you may have lost a portion of your property.

Conclusion

The law concerning property lines, adverse possession, and bordering trees and fences is complex. There are other elements that contribute to whether a border fence, Leyland Cyprus, or other bordering object establishes a property line or constitutes adverse possession, about which you can ask an attorney. There are also some preventative steps you can take to prevent yourself and your property from being taken through adverse possession. The first step is to know and mark your property lines. This can be done with stakes in the ground, or a blaze on the tree trunk. Another thing you can do is to approach your neighbor if you are concerned about the location of a fence or plant. Simply not recognizing the property line as moved or protesting in some way can save you from losing a portion of your property.

If you should have a question concerning your rights as a property owner, please consider calling Coleman and Chambers. The attorneys at our firm are well versed in the different legal paths available to protect your property, and have been serving Northeast Georgia in that capacity for years.