Legal Question in Real Estate Law in Florida

Neighbor problems

I recently put up a wooden fence which is at the boundary line. My neighbor put one up shortly after, adding his sections on to mine. Then next day, he and his friends began playing a game using heavy big horseshoes that hit my side of the fence at least 6 times. My fence vibrated heavily. I asked them to not hit my fence. The next week, the same thing happened. I have been civil to them but I am becoming incensed at this lack of respect and their defacement of my side of the fence. Do I not have some rights here? What do you think I should do?


Asked on 4/20/01, 12:32 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Neighbor problems

Of course you have rights. It use to be that you could simply walk over to your neighbor's place and have a chat with them about the problem, shake hands and everything would be worked out. Well, if you think you can do that, do it. It's probably better and definitely cheaper than hiring a lawyer. However, if your neighbor is not interested in resolving the problem amicably, a lawyer can prepare and send a demand letter to your neighbor demanding that the activity immediately cease and desist and explaining how if the problem continues past a certain date, that you will have no other alternative but to seek judicial intervention to stop the problem and recover the money required to repair or replace the property damage to your fence. If you go the lawyer route, take pictures of the property damage and consider videotaping the fence (and it's noise and vibration) during one of your neighbor's horseshoe parties. This type of evidence is generally very convincing. You do have rights that protect you from such nuisance and damage to your property, but it will take a lawyer to properly and effectively articulate those rights in the form of a demand letter to your neighbor, and, if unsuccessful, in the form of a civil action in the appropriate acourt. Good luck.

Read more
Answered on 6/12/01, 7:29 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida