Legal Question in Real Estate Law in Florida

You should send a letter to the neighbor asking that the fence be removed. If the neighbor refuses to move the fence, then in order to assert your ownership of the land, you will have to file a lawsuit asking the judge to "quiet title."

In the lawsuit, you will need to have a surveyor testify about where your property line is. You probably cannot recover from your neighbor the attorney's fees that you spend in this lawsuit.

You have 7 years from the date the fence was erected in which to file your lawsuit to quiet title. I would not suggest, however, that you wait any length of time close to that long.