Legal Question in Real Estate Law in Florida

Adverse Possession
I have a fence that extends onto my neighbor's property. It includes a triangular sliver 50' long and 6' wide at one end of his property. The fence has been there for 15 or 20 years. I'm worried that my neighbor might show up one day with a crew to tear it out along with the nice landscaping and plantings on our side of the fence that we have been caring for all these years. Do I have an adverse possession case? If so, what do I need to do ahead of time to either protect myself or prevent it from happening? I'm thinking that if I wait for him (or some new owner) to act, I will have missed my chance to keep what I've been taking care of all these years. Also, his property is over an acre, he's not going to miss this small sliver of land. I will.

Asked on 1/18/07, 3:08 pm

David Slater David P. Slater, Esq.

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Re: Adverse Possession

An action for adverse possession is a strict compliance lawsuit. Without more information, no one can properly answer.

Answered on 1/18/07, 4:02 pm

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