Legal Question in Real Estate Law in Florida

Code enforcement regarding wood fence

i submitted a survey of my property and got a permit to build a wood fence. Half way through my fence being built on the back side, code enforcement is stopping the work saying there is an easement. No one to the right or left of me has an easement. Do they have the right to stop the work? and if they make me move the fence would it be at my expense or their expense?


Asked on 12/29/03, 2:37 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Code enforcement regarding wood fence

Check with county records to see who has the easement (probably a utility). If there is one, you will bear the expense of removal.

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Answered on 12/29/03, 2:45 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Code enforcement regarding wood fence

1. Yes they can force you stop the work or face penalties or both.

2. If the easement exists, removal will be at your expense.

3. Chances are an easement exists,if it does, on behalf of a utiltiy company.

4. Follow the suggestion received in the previous reply.

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Answered on 1/02/04, 2:22 pm


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