Sweatman Jonathan Russell 07 11 23 Sweatman Exhibit 2 Ocr¶

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Jonathan & Diana Sweatman 2746 Grove Street NE Brookhaven, GA 30319 jsweatman@bellsouth.net

June 25", 2021 Ms. Sarah Zeeman 2740 Grove Street NE

Brookhaven, GA 30319 Dear Sarah,

As we both know, the fencing around our backyards has reached the end of its life and needs to be replaced, including the fence that parallels the property line between our backyards. To that end, you and | have had several conversations regarding the best approach including timing, preferred contractor, design, budget, permitting and possible cost sharing.

In a conversation in January 2021, you had expressed a preference to delay until the Spring of 2021, and we agreed to do so. It was also at that time that | first mentioned the issue of the

property line and how the current fence is placed about 2 feet 8 inches on our side of the line. On May 4", 2021, when the subject came up again, you were very clear that you were not open to having the new fence placed on or close to the common property line to correct the misplacement of the original fence. You also mentioned that you thought the placement of the original fence meant that you were no longer obliged to move the fence, or change the placement of its replacement, since that piece of land between the shared property line and the existing fence had now become yours under Adverse Possession. You repeatedly mentioned that you were neither a lawyer, nor were you prepared to discuss the issue further; nor to discuss how a change in the back half of the property line would impact the line as it extends forwards to Grove Street on the front half of our adjoining properties. We have now had our property surveyed twice and marker stakes placed to confirm the property lines. In order for us to have a clear understanding of what Adverse Possession

means, we consulted with legal counsel and based on our conversation with them, we do not agree that Adverse Possession applies, nor do we agree that you have any right to that section of our property. Additionally, the surveys uncovered an issue with the placement of your two HVAC condenser

units that were installed approximately five or six years ago. The units, and the concrete pads on which they sit, cross over the property line, and encroach into our side yard.

During the conversation on May 4", 2021, we also discussed the outflow of wastewater from under the bay window in your kitchen. You mentioned it comes from your garbage disposal. This water runs directly into our side yard and causes a continuous issue with mud directly in front of the gate into our backyard.

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Further, the new bay window that was installed 2 or 3 years ago has now extended the edge of your house directly up to the property line. The City of Brookhaven side set back rules call for five feet of set back from the property line, including “overhanging sections” even if they do not extend down to the ground. Not only is the “jog” for your sink within that five feet set back, but the new bay window has reduced the set back to zero. To remedy these issues, we propose the following: 1.

As part of your fence renewal project, we ask that you have the old fence that is on our

2.

At no expense to you, we will have a new fence built on our side of the shared property

property removed. We will grant your contractor access to our yard for the removal.

line, as close as is practical to the line, using the same style and materials that you plan to use for the remaining portions of your fence. We will also be replacing the remaining portions of our fence. 3.

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We have asked Accent Fence for a quote for the balance of our yard. Should we both

agree to engage them for our own sections and for the section along our shared property line, clearly that would minimize issues of timing, style, placement, removal of old --__

materials etc., and it may even save us both some costs by combining the projects.

(oye. Separately, our lawyer suggested that he draw up a Boundary Line Agreement that will allow you to keep your HVAC units, and their concrete pads, in their current location.

However, this would not change the property line nor the ownership of the property on which they sit. Once completed, this Agreement will be added to the County records for both lots so that future prospective buyers can clearly understand the arrangement.

5.

We are having our back yard completely reworked and as part of that we have the option to create a design that reduces the flow of rainwater downhill from our yard into your yard. In return for us making this design choice, we ask that you resolve the outflow under your bay window that flows into our yard and under our gate. We will grant you and/or your contractor reasonable access to our property, if needed, to make the

necessary fix. It will simply need a run of plastic hose, commonly available at a local hardware store, to resolve this issue. 6.

Should you choose to apply for a retroactive permit for the side set back encroachment created by the new bay window we will not object with the City of Brookhaven.

As we mentioned during our May 4", 2021 conversation, it is our preference to resoive these issues between us as neighbors, without further involvement of legal professionals, and we

believe that these resolutions will avoid any issues that could cloud the sale of either property in the future. Thank you for your consideration, and we look forward to your earliest response.

Jonathan and Diana Sweatman

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