Legal Question in Real Estate Law in Florida

I am considering buying a home on a canal. The problem is that it appears that a neighbor has built a fence and a dock on this property. The fence blocks access to most of the waterfront for the home I am considering. Per the survey from 2004, the property is supposed to have 45' of waterfront, but because of the fence and dock, I will only be able to access 10-12'. This is currently a rental property and the owner is unaware of the situation. The dock and fence appear to have been there for more than a year, but the wood has not weathered enough for it to have been there for more than 3 years. The fence and the dock were constructed without permits.

If I purchase the property, would I have any redress?

RTK, Palatka, Putnam County, FL


Asked on 1/28/10, 10:05 am

2 Answers from Attorneys
Leon Ferraez Ferraez, LLC

Rather than waiting until 'after-the -fact', I would get it resolved now by the present owner. Alternative, this issue should have a mitigating effect on the price of the property. As to whether you have redress, if the dock/fence violate city ordinances, then yes, you do have redress.

Read more
Answered on 2/02/10, 10:17 am
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

I definately agree with Mr. Ferraez that you should have the current owner resolve it now or the current owner should take a big hit on the purchase price.

There would be a claim against the neighbor whether you or your seller brings it based on common law trespass. A lawsuit could seek to establish the boundary and require the neighbor to tear down the dock.

Read more
Answered on 2/02/10, 10:24 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida