Legal Question in Real Estate Law in Georgia

I hired a contractor to repair my retaining wall. He made it too short and not nice. He said he had finished the job as far as he concerned and I need to pay him the remaining balance immediately, otherwise, he will tear down the wall. I called the police to prevent him to enter my property. The police told me that yes he could tear down my retaining wall without my permission if I did not pay him immediately. Is this right? I can not prevent someone to enter my property after he performed some work.

Asked on 6/10/13, 7:57 am

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

That is not correct. He may have a civil claim against you for the payment, but he cannot physically remove the wall. Whether he has a right to the payment depends on what exactly was agreed to, which is a factual question.

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Answered on 6/10/13, 9:05 am
Glen Ashman Ashman Law Office

The policeman was wrong and should be reported to his chief for illegally practicing law without a license, and getting it wrong. The man can sue you, and can place a lien on your property, and who wins depends on what the court decides, but he can't come on your property without permission.

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Answered on 6/10/13, 11:03 am


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