Homeowner says it’s his private property, neighbors say no way that’s legal

Evans, GA (WJBF)—A neighborhood debate is happening now regarding the construction of a fence. One of our viewers reached out to us looking for some help resolving the dispute so we went to Rhett Dr. in Evans to talk to neighbors and took their concerns to Columbia County.

The homeowner at the end of Rhett Drive is building a fence that extends over the road blocking off the cul-de-sac. He says the land is his private property so he has every right to construct the wooden fence.

Some neighbors who live in the area are upset about what is happening. Jeff Moomey is one of them. His house is right next to the fence.

“It’s just a big mess,” Moomey says.

Moomey is one of many people we talked to who are frustrated by the fact that their neighbor is building a fence in front of the cul-de-sac.

“We moved here because it’s a great place, it’s in the back of a cul-de-sac, it’s fairly quiet, the kids have plenty of room to play and now we really don’t,” Moomey describes. “Now, the people that come around actually turn around in his driveway, my driveway, my yard.”

The family building the fence but told us they have a problem with people trespassing on their property. They say people go down to the pond in front of their house to drink and smoke leaving behind bottles and other trash for them to clean. They tried putting up “No Trespassing” signs, but say that did not work, which is why they are resorting to building the fence.

The homeowner showed us the map that he says proves the area where he is building the fence is his private property. Columbia County says their records confirm the same.

Playing devil’s advocate, we asked Moomey if he would want people trespassing on his private property like this family says people are doing to them.

“In that situation where it’s a cul-de-sac, it wouldn’t bother me,” Moomey points out. “It’s a cul-de-sac, even emergency vehicles can’t come down here and turn around. The garbage man has to back up all the way from two thirds of a mile up the road. The bus will not come down here and pick our children up.”

He is one of a handful that expressed a similar opinion. One man said the cul-de-sac is good for the community so it should be open for the public to use. Some expressed concerns about emergency vehicles ability to maneuver in the area in the event of an emergency.

Moomey says months ago he went to Columbia County for help. According to Moomey, a county employee said the tax records showed the cul-de-sac could belong to the HOA. However, Moomey says, the neighborhood no longer has an HOA.

“[The county employee] also told me that nobody would touch it and I’m not sure why, but so far he’s been right,” says Moomey.

Moomey says there was no follow up on behalf of the county after his visit. He wants to see the fence removed. In his opinion, the property should be maintained by the county.

This area is Commissioner Gary Richardson’s district. He tells NewsChannel 6 the following:

“At this time, this seems like a private property matter. The land is his private property so he can build the fence there. I hope they can come to some kind of agreement and I think if they work together, they will.”

The spokesperson for Columbia County tells us they are checking to make sure the fence complies with county codes.


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