Don Swift regularly represents property owners who have suffered a trespass causing damage to their property. Under Georgia law, a property owner in a trespass action may recover damages for the cost to restore or replace damaged property, dimunition of value to the land or building, compensation for loss of enjoyment of the property, and compensation for emotional distress / aggravation caused by the trespass. Often these damages are recoverable from the trespasser’s insurance company. Mr. Swift has successfully obtained thousands of dollars in settlements for clients who have had trees, fences and other property damaged or destroyed by neighbors, contractors, or other third parties.
One such recent success story involved a homeowner client at Lake Lanier whose neighbor was building a new house behind the client’s home. During the construction of the neighbor’s driveway, the neighbor’s builder wrongfully placed the driveway on the client’s property, destroying dozens of trees in the process. Mr. Swift filed suit for the client against the neighbor, the builder, and the surveying company involved on the project. The case was settled, and the client received additional acreage from the neighbor as well as thousands of dollars in compensation from the builder and surveyor.
Case results depend on a variety of factors unique to each case, and this success story does not guarantee or predict a similar result in any case undertaken by the firm.