Legal Question in Real Estate Law in Florida

eminent domain

I moved into my house almost 2 years ago. I want to put a pool in the yard and a new fence. My problem is that part of our neighbors fence is 3 feet on my property. I have 3 certified surveys showing her fence is on my property. The fence is a wooden fence about 20 years old and ready to fall over. I told my neighbor that I wanted to put a new fence and even pay for a gate and about 6 feet of fence on her side (that is falling apart) and she agreed until I informed her that I wanted to put the fence back on the property line. Now she is saying she does not want the fence and said she has eminent domain. What can I do?


Asked on 9/13/04, 11:38 am

3 Answers from Attorneys
Scott W Barger Barger Law Offices

Re: eminent domain

Would want to see your contract, and title insurance policy.

Call my offices. Can provide free telephone consultation.

Best,

SWB

786.276.6100

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Answered on 9/13/04, 11:45 am
David Slater David P. Slater, Esq.

Re: eminent domain

Eminent domain involves the governemnt's right to real property for a public good. Her claim, if any, is by way of adverse possession to the land.

The answer depends on numerous factors which effect the law in this area.

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Answered on 9/13/04, 11:49 am
Scott R. Jay Law Offices of Scott R. Jay

Re: eminent domain

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your neighbor is incorrect. Eminent domain deals with a government entity taking of real property. This is how streets, expressways, parks and other public facilites are built.

At best, your neighbor might argue adverse possession but the laws in Florida do not favor a party who takes another's property. At this time you are strongly suggested to send your neighbor a letter letting her know that you object to her fence and ask her to remove it. Even if you take no further actions, a court may consider that you have let her know of your objections to her improper use of your property and take that into consideration should any legal action follow in the future.

I would also suggest that you consult with a qualified real estate lawyer in your area to discuss your options. I believe that you will be able to require your neighbor to remove her fence so that you can erect yours.

Scott R. Jay, Esq., 305-249-8000

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Answered on 9/13/04, 12:47 pm


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