Legal Question in Real Estate Law in Florida

The home I purchased three years ago had a privacy fence around the back yard. I hired a fencing contractor to replace the original fence. We provided the contractor with the boundary survey from our real estate transaction. The new fence was placed on the same line as the old fence. Within one week the neighbor living cater-cornered our property removed his old fence post and attached a new section of fence to our fence post. I told him to remove his fence from our post and he refused stating the post is on his property. Using the survey we measured off the side and back of our house and the fence is six inches to the inside of our property line. I went back a second time to discuss this, he still insists the fence is on his property and refuses to remove his fence from the post. Do I need to hire an attorney? Can he be required to replace the post he has damaged, as my material / workmanship guarantee has been compromised by his actions?


Asked on 12/21/16, 4:55 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

1. Yes 2. Yes

Read more
Answered on 12/21/16, 5:29 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

yes he can but the costs may be more than the damage. you should contact a local real estate litigation attorney and discuss your options. start with a demand letter from the attorney and see if that helps get it resolved

Read more
Answered on 12/22/16, 6:56 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida