17E46408 Sarah Zeeman Demand Letter Communication Sweatman 2¶

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4880 Lower Roswell Road, Suite 165-522 Marietta, GA 30068 www.roselitigation.lawyer

| ROSE LITIGATION

lisa@roselitigation.lawyer 678-806-8188

October 26, 2021 VIA FEDERAL EXPRESS AND ELECTRONIC TRANSMISSION

Sarah Zeeman 2740 Grove Street, NE

Brookhaven, Georgia 30319 szeeman@gmail.com

Federal Express Tracking No. 7750 3279 7440 Re:

Certain real properly commonly known as 2746 Grove Street NE, Brookhaven, Georgia 30319

Dear Ms. Zeeman: I represent Jonathan Sweatman as the record title holder of that certain real property commonly known as 2746 Grove Street NE, Brookhaven, Georgia 30319 (the “Sweatman Property”). This letter serves as demand to you, the record title holder of that certain real property

commonly referred to as 2740 Grove Street, NE, Brookhaven, Georgia 30319, by virtue of that certain Warranty Deed recorded in Deed Book 18783, Page 248, DeKalb County, Georgia records (“Zeeman Property”) to remove those certain improvements and structures on the Zeeman Property that encroach and extend onto the Sweatman Property, including but not limited to the

Garden window, two (2) concrete pads and two (2) HVAC units. Enclosed is a copy of a survey prepared for you by Survey Land Express, Inc. dated September 13, 2021, that clearly depicts your improvements that encroach on my client’s property. Despite your actual knowledge of these encroachments and my client’s repeated efforts to work with you to clear these title issues, you failed to address or remove the improvements. Due to your failure to respond to my client’s offer to negotiate a Boundary Line Agreement

dated October 7, 2021 to resolve your encroachments, said offer is revoked and rescinded. Demand is made for you to immediately remove these encroachments. At no point in time did my client grant you permission to construct these improvements to extend over onto the Sweatman Property. Moreover, he never entered an agreement with you permitting these improvements to extend over onto his property. Accordingly, demand is made for you to remove these encroachments within ten (10) days of your receipt of this notice. Pursuant to O.C.G.A. § 13-6-11, you are hereby notified that failure to remove these encroachments within ten (10) days could subject you to a claim for attorney’s fees. My client hereby reserves all rights to pursue any and all causes of actions and to recover all

amounts of damages, at law or in equity, all of which are expressly reserved. Any or all of these actions may be taken without further notice.

Please direct all future correspondence regarding these concerns to the undersigned. Sincerely,

Lisa K. Rose

Enclosure cc: Jonathan Sweatman

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Jonathan & Diana Sweatman 2746 Grove Street NE

Brookhaven, GA 30319 isweatman@bellsouth.net

October 7", 2021, Ms. Sarah Zeeman 2740 Grove Street NE Brookhaven, GA 30319

Sent via USPS Regular Mail and USPS Certified Mail Dear Sarah, Further to our letter of June 25", 2021, our follow-up email of August 5", 2021, and our

subsequent email of September 20", 2021, we remain keen to find a neighborly resolution, and to that end, please see below a summary of where we stand with the issues and your options

for the next steps. There are three items, or monuments, that are encroaching onto my property, plus the outflow

of condensate from one of your two HVAC units (We do see, and are grateful that, you have installed a pipe to keep the condensate from one of the units from flowing over to our property,

the second one now requires a similar solution)

Here are the options: Option #1 - Remove items #1 & #2 and repair or replace item #3; that are causing the encroachment, as follows: 1.

The two HVAC condenser units. - These can simply be relocated elsewhere on your

2.

The garden window. - This can be exchanged back to its original “flat” regular window

property.

design. 3.

The shifted and/or leaning part(s) of the deck staircase. - Since the overall deck is over 28 years old and clearly at the end of its life, it needs replacing for both safety and

aesthetic reasons. The new/replacement deck staircase must be built with enough

setback to eliminate the current encroachment issue and any future property line issues and must be completed with 60 days of the date of this letter. (December 8", 2021) Because of the encroachment, it’s unlikely that we'll be able to complete our new fence until this is fully resolved.

Property Line Letter 10-07-2021

Page 1 of 2

Printed 10/7/2021

Option #2 - We reach a mutually agreeable Easement Encroachment Agreement that would include the following:

1.

You engage a lawyer, at your expense, to create an Easement Encroachment Agreement for the HVAC condensers and the garden window, and you remove and/or repair the deck staircase to eliminate the encroachment. We mutually review, edit, approve, and execute this agreement, clearly stating that while you own the items in question, we both recognize they are placed on, and/or are overhanging, my property.

This will be acceptable to us if we both understand and agree that this placement does not change your ownership of these items, nor my ownership of the property upon which they currently sit and/or overhang. 2.

Once executed, the agreement gets filed with DeKalb County to avoid any issues of a

clouded title when the time comes for either party to sell their property. If it would help you, | recently met a real estate attorney who suggested that she could draft this

agreement for a flat fee of around $500.00, including filing with the County. I’d be happy to

share her contact information with you. Option #1 would mean considerable expense and inconvenience to you to have the items moved/remedied.

Option #2 would eliminate all of the inconvenience and manage your expenditure to around

$500.00 (or whatever fee you may negotiate with the lawyer you engage) Repairing the deck staircase is an item that you'll need to address in the very near future anyway, So its cost is not exclusively because of your encroachment.

While you would bear the costs for either Option #1 or Option #2, may | remind you that we are covering 100% of the material and labor costs for the new fence, which is mutually beneficial,

and so you'll derive your portion of that benefit at zero cost to you.

We expect a response to this letter within 10 days. (October 18", 2021) Thank you for your consideration.

Jonathan and Diana Sweatman

Property Line Letter 10-07-2021

Page 2 of 2

Printed 10/7/2021

Subject: Next steps From: Jonathan Sweatman sweatm_j@bellsouth.net To: szeeman@gmail.com Cc: Diana Sweatman diana_coles@hotmail.com

Date Sent: Monday, September 20, 2021 4:12:02 PM GMT-04:00 Date Received: Monday, September 20, 2021 4:14:14 PM GMT-04:00 Good evening Sarah,

I received communication from Rick Alembik that he is no longer involved with the property line

and fence conversation.

With that, and with the revised survey that has now been published, how would you like to proceed? I have time set aside and the materials on hand to continue this coming weekend, September 25th & 26th. Please do let me know what your plans/expectations are so we can proceed accordingly.

Thanks... Jonathan Sweatman isweatman@bellsouth.net (404) 431-0678 - Cell

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Sarah szeeman@gmail.com

Next phase update 10 messages

jsweatman@bellsouth.net jsweatman@bellsouth.net

To: Sarah Zeeman szeeman@gmail.com

Thu, Aug 5, 2021 at 10:59 PM

Good evening Sarah, You may be aware that our screened-in porch is now complete and so we are ready to move to the next

phase. Since we have our landscaper scheduled for next week, we'd like to keep you informed of our plans. We did see that you have installed a drainpipe from the outflow below your bay window. We are grateful

that this is now done. Thank you for taking care of this item. We have also noticed that the fence between our yards is leaning dangerously further into our yard, which is creating a safety issue for us, for our dog and for our landscapers. Clearly this needs to be addressed as soon as possible.

We have made some slight changes to our original plans to accommodate our landscapers’ schedule. So, our revised plans are as follows:

—

1. We'll remove the existing fence on all sides of our yard. Our landscaper is willing to dispose of the old fence, or, if you’d prefer to hold on to the section that runs along our shared property line, we can simply stack those panels in your yard. Please advise us of your preference by Saturday

morning, August 7*®, 2021, so that we can proceed accordingly. We will be using silt fencing as a temporary barrier once the old fence has been removed.

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Georgia 811 has been scheduled for early next week to mark the placement of underground utilities. Our landscaper will then re-grade our yard with a view to improving drainage as much as practical. Next we will install new 8-foot fencing on all sides, including between our yards, placed just slightly onto our property, according to the property line as originally surveyed, and recently staked out.

1. Finally, our landscaper will install the turf, plants, and aesthetic elements of our yard, again with a view to improving drainage as much as pra