Legal Question in Real Estate Law in Florida
Fence and boundry line
I bought my house 3 years ago. There is a privacy fence in the back that is obviously in my neighbors property. There is a chainlink fence closest to her house then the wood privacy fence and then a line of pine trees all very close together all on her property in the order. I have seen her her backyard about 20 times she has never spoke by last week she said ''hey your wood fence is starting to fall and is pushing down my fence. I want to cut down the trees but they say it will be more if they have to take the fence down so please take it down'' I took a look and as far as I can see her chainlink is not being damaged at all. I said ''why do you think this is my fence if it is on your property'' she said they previous owners put it there'' I said ''why would you let them put a fence on your property? I didn't really get a straight answer but what I think is she figured cool they pay fro a privacy fence we benefit as well but now it is inconvenient she wants me to take it down. I have a spinal cord injury and partially paralized so I can't do it myself nor can I paysomeone. I could care less if she takes it down since it is on her property and her fence. Do I need to worry about anything?
3 Answers from Attorneys
Re: Fence and boundry line
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If the fence is truly yours, she could file suit against you to have it removed. You should try to sit down and work this out with your neighbor. You can offer to let her remove the privacy fence without later replacing it if that is your desire. Regardless of what eventually happens, you will still be neighbors and it would be in the best interests of neighborhood unity to reach an amicable resolution.
Scott R. Jay, Esq.
Re: Fence and boundry line
No, you don't have anything to worry about as long as you don't care if she takes the fence down.
Re: Fence and boundry line
IF it is in her property, then it is her responsibility, regardless of who put it up (unless it was recorded as jointly owned, or some other recording showing that the fence or property is otherwise). Depending on where you live, one must get a permit to remove trees, and many trees are protected. I say IF because property line disputes are common, and you may wish to check the most recent surveys to assure it is not on your property.
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