Legal Question in Real Estate Law in Florida

My brother in law built his fence about 10 feet in on my property several years ago. I told him then that the fence was on my property and it should be moved. Over the years it has still remained there. Now I want to put up a fence on my property line and he won't move his. What legal course can I take to get him to move his fence off my property?


Asked on 7/26/11, 1:36 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

He is trespassing. Bring a lawsuit.

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Answered on 7/26/11, 1:38 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Depends on the relationship you want to maintain with UR sister. Cheapest way is to tear the fence down and build closer to the property line. You actually own the fence since it is on UR property. Update UR survey! Then do what U want with it. Check UR Title Ins. Policy to C if it lists the fence as an exception. Check the local building code for any setbacks from the property line. Atty. Slater is also right if you have the money to give 2 a lawyer & the courts. Good luck trying to collect any money from UR brother-in-law after you file suit. U best talk 2 UR sister before U take action. You can always pour liquid acid on it to clean it. B sure to take pictures after the new fence is built & have the survey show it in case it is later destroyed. Have U considered selling & moving?

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Answered on 7/26/11, 2:02 pm


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