Legal Question in Real Estate Law in Florida

I own my home since 2005. The seller evidently asked permission of neighbor to put up fence and secure to his fence, in essence putting my fence on neighbor's property. It's never been an issue and my neighbor has been telling for 12 years how he gave permission to do this.

Now, after Irma knocked down a good portion of my fence, the neighbor told me he is removing the portion of the fence that is on his property. I told him he can't just do that without my permission - It's my fence.

What are the legalities involved in this? I'd rather not go to court, but I want that little bit of privacy left up until I decide what to do. It was literally the day after Irma, I didn't even have power back yet and he's pushing me to do something. I say, just give me some time...I only have power back 2 days and haven't even had time to clean my house yet! Thanks for any ideas!


Asked on 9/20/17, 8:11 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If he gave you permission to pout a fence on his property, my gut reaction is that this permission would not prevent him from removing HIS fence. Frankly, I believe he could also remove the fence you put on his property. If you have nothing in writing about this agreement, you probably lose the issue and I would avoid court.

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Answered on 9/20/17, 6:55 pm


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