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Can a neighbor put a fence up on your property?

On Behalf of | Feb 8, 2022 | Residential Real Estate |

Real estate owners in Florida have every right to enjoy their property without undue interference. In private residences, with their own grounds, this is generally not a problem. However, matters can be complicated when neighbors live within close proximity of one another.

Sometimes, neighbors can be misinformed about where the boundary lines of their property lie. In some cases, neighbors might deliberately try to use more property that they are legally entitled to.

If a fence is built wholly or partly on your property, this is known as encroachment. How do you know if this has occurred and what can you do about it?

A survey can tell you more

The most accurate way to determine where your property lines lie is by conducting a survey. A surveyor has numerous tools and information at their disposal, which can give a clear indication of your property rights and whether an encroachment has occurred. Once you are armed with this information, you can present it to your neighbor who will then have an opportunity to remedy the situation and remove any structures that cross legal boundaries.

What if that doesn’t work?

If encroachment cannot be solved through a reasonable conversation, then you do have legal options. A neighbor may opt to dispute the findings of the survey rather than yield to them. Through the court, you may then be able to request an injunction that orders the encroaching party to remove the structure.

Disputes with neighbors can be stressful but with the appropriate guidance, you can settle matters quickly. As you navigate a real estate dispute, it is vital to be aware of your legal rights in Florida.