Legal Question in Civil Litigation in Florida

We have lived in our home for almost 9 years and have had the fence up for almost 9 years. Our Neighbor just bought the home next door about 8 months ago. She is now telling us that our fence is 6 inches on her side. The fence was installed by the developer when the home was installed. She now wants us to move the fence. She has also dug a trench around our fence witch with the rain has now caused the bottom of the fence to be able to be pushed out. I am scared our dogs will now be able to go under it and she is now trying to lay claim to the 6 inches by digging in our yard. also there is an electrical box in the back yard where the dirt is eroding due to her side. how can I stop her?

Asked on 7/07/14, 2:24 pm

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

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this is a complicated area of the law which is a bit specialized. As a generic answer without knowing the facts in detail, this is probably a boundary by acquiescence. Meaning the boundry was undisputed for more than 7 years and is now accepted. Given it is only 6 inches I am also skeptical the neighbor is even correct on this issue. A number of surveyors may come to different opinions on such a small distance. It is her duty to pursue a legal action for ejectment in order to remove the fence. She can not simply remove your fence by herself. If she continues to damage your property, she could be liable and you may also wish to contact the sheriff. I recommend you consult with a local property lawyer for a more complete answer.

Answered on 7/07/14, 3:03 pm

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