Legal Question in Real Estate Law in Florida

Fence/Property line Dispute

I had a privacy fence built around my property. The builder suggested putting the fence about 8 inches inside my property line to ensure that my neighbors (their house was vacant at this time) could either not connect to my fence, or I could ask them to pay for half of the cost in order to connect. My neighbors skirted the issue. They built a swinging fence (gate). The fence 'post' in the ground is on their property, but when they close this gate, 2 pickets 'overhang' my property line and the edge of their gate is a mere couple centimeters from my fence.

Legally, isn't their fence that 'overhangs' my property still considered my property? I know this is the case with tree limbs, is it the same for fences that aren't touching the ground?

I suggested the fair resolution of them paying for 1/2 of the fence, but they choose not to.

Who is legally justified here?


Asked on 9/04/02, 2:33 pm

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Fence/Property line Dispute

With all due respect, there is a latin saying that when translated says "the law does not concern itself with trifles." Although you are correct, have your neighbor bake you a cake, be neighborly and ignore the centemeters. Otherwise you can spend a fortune with attorneys and get your few centemeters back.

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Answered on 9/04/02, 4:43 pm
David Slater David P. Slater, Esq.

Re: Fence/Property line Dispute

If I understand you, everytime he opens his gate it swings over your property. This is a trespass.

You have numerous alternatives. You can forget about it, complain to your local building department, put up a post at the end of your property preventing his door from opening onto your property or taking him to court. Since you live next door my first alternative seems best. Good luck.

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Answered on 9/04/02, 5:22 pm


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