Legal Question in Criminal Law in Florida

Easement encruchment vs fence tearing

A fence is built on common easement stated in house deeds, no only use for egress/regress, but easement allows for an amount of feet to be given for common area, if a fence is built and is not remove, can it be torn down?

Can you be arrested and charged with a misdemeanor or a felony count of theft, or property destruction and/or trespassing?


Asked on 10/29/04, 6:15 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Easement encruchment vs fence tearing

Based on the facts presented in your question I think you could absolutely be charged with trespass, criminal mischief, and possibly even burglary. The easement issue does not give you the right to destruct property which does not belong to you. Further, without more facts I can't determine your right to be on that property you say is a "common area". I would be careful before you take the law into your own hands and remedy the situation by tearing down a fence which you did not erect. You have a civil cause of action if you wish to pursue removal of the fence. Please let me know if I can be of further assistance.

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Answered on 10/29/04, 7:26 pm


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