Legal Question in Real Estate Law in Florida
Can I fence an easement to keep bad neighbors out?
My Land borders a ST RD & has an easement to 200+ Acers behind us. Most is landlocked so easement is by necessity for 2other owners for 40+ years. My new neighbor bought the lot across the road/ easement 3 years ago.Their land has its own ST RD. access. My survey says I own the Rd/easement & 5 feet beyond it,then the neghbors land starts & 10ft latter their fence. She put a sml gate on her fence so her kids can access My property to play on this paved easement.These kids leave thier things in the middle of the right of way so the 2 other owners have to stop and move it. For months I had to pick up broken glass becouse they puprously broke bottles on the road. They are violent to my children, and never monitered by an adult. I have tryed in the past to send them home,but She insists I do not have the right to keep them from accessing this part of my property. I have showed her the survey and she still insistes they can use this road like a public road for their entertainment. I need to know if I can stop their access to my property or are they entitled to use the easement. If the 2 owners who need this acess aggree can I hang a fence on my property line and have it gated at both ends so they can still have access to the state rd?
1 Answer from Attorneys
Re: Can I fence an easement to keep bad neighbors out?
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.
It is hard to answer from the facts presented without reading the terms of the easement. You should meet with an attorney and bring a copy of the easement to be reviewed. Certainly, nobody has the right to leave broken glass on a public street, let alone an easement. You need to have the same attorney write a cease and desist letter and then act on it if they fail to do so. You may have to seek relief in court to curtail the ill manned behavior of your neighbor's children if they will not cooperate and control their own kids.
Scott R. Jay, Esq.
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