Legal Question in Real Estate Law in Florida

My neighboor decided they wanted to put a fence up and first attatched a pvc fence with screws to my post which is 6 inch into my property. After we spoke to them they detached put another post directly on the property line which is fine but then screwed 6 inch pvc fence from there post onto my property without attatching with screws to my post. The whole problem was they do not want to compensate for the use of our existing fence while encroaching into our property to cover the gaps. We offered to go half on the cost and they could stay attatched but decided they could just do it for free this way and detached without any further communication. They recognize it is our property there is no question. Can they leagally do this?


Asked on 4/14/10, 6:37 am

1 Answer from Attorneys
Royce Bishop Mr. M & Save My Home

I cannot tell exactly what is going on. I am having a hard time understanding why you would pay half if they are encroaching on their property and then you want to be compensated at the same time. It sounds like you are saying you want to pay them and want them to pay you at the same time.

To tell you the truth, it sounds like even if they are encroaching on your property the encroachment is de minimus --that it is so minimal that it does not interfere with your use or enjoyment of your property. Yes, technically it sounds like they are encroaching the way you describe it, but they tried to adjust to honor your wishes. I don't think the cost of hiring a attorney is worth it. What would you gain even if you hired a attorney, sued them and won? You have to consider the economic costs also.

However, if you are determined, then you have to ask them to most their post, then sue them if they don't move it. The longer you wait the less legitimate your complaint becomes. You may find a judge that will listen to you know, but if you wait 5 years, the judge is more likely to ignore you.

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Answered on 4/26/10, 4:17 pm


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