What to Do if a Neighbor Puts Up a Fence that Encroaches on Your Land

board-on-board-picture-framedThe state of Florida is home to over 19,000 livestock farms, including orange groves, sugarcane, cotton, and various other agricultural and livestock facilities. Because of the importance of these locations and the close proximity some share with each other, installing gates, security closures, and other fences to separate these lands is becoming more common.

Recently, conflicts between Florida’s rapid growth in population and commercial growth has shed some light on the rights and responsibilities of adjoining land owners, farmers, and other property owners. The legal aspects of fences in the area has taken significant importance, which leads to the question—if a neighbor builds a fence that encroaches on your land, what do you do about it?

Defining The True Boundary Line

The trouble with encroachment issues is when landowners cannot come to agreement on where ones property line ends and another begins. The two most common encroachment claims are described as boundary by agreement and boundary by acquiescence.

Both of these claims start off with one or both parties being uncertain as to where to official property line falls. If you suspect your neighbors fence is encroaching on your land but are unsure exactly where this is taking place, one must do all one can to avoid future dispute. The best thing to do would be to speak with your neighbor first before calling a surveyor to clarify boundary lines.

When There Is No Doubt About Encroachment

There are some circumstances when a landowner is without a doubt certain that their neighbor’s fence is encroaching on their property. When this is the case, you must immediately notify the encroaching party in writing that they have clearly overstepped their boundary.

In these cases, the encroaching person is required to remove their fence from your property. If the person refuses, you are within your legal right to eject them from your property.

In either case, handling the situation in a respectful manner with open communication is always best. By doing this one can avoid drawn out legal battles as a result of hot headedness.

 

With development continuing in Florida for both the agricultural and general population, situations will occur that bring these cases to light. Just remember it is possible to clarify official boundaries without the need for legal action.

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