Legal Question in Real Estate Law in Florida
My neighbor to the rear of me claims he owns five feet beyond the fence he has placed in his backyard. Those five feet were terribly overgrown and causing animal issues (raccoons,snakes, stray cats) with our home. Our backyard is pretty small and if those five feet are indeed my neighbors, then my house only lies about 15 feet from their property line. I was wondering what my rights are in this case. My husband cleared out the weeds and that is when our neighbor informed us that the five feet were hers and expessed concern that we were clearing them. She wanted the overgrowth for "privacy" to her lot. Are we allowed to clear the area? Is there a time limit for her to still claim the land as hers if it has been treated as ours for quite some time? We live in Lutz, FL. Thanks!
2 Answers from Attorneys
Make the other property owner PROVE IT. They probably can't prove it.
You have a nuisance issue as well, and I would argue that if they did not maintain their property, then you were within your right to maintain it. It's arguable, though.
You do NOT have adverse possession of the easement (in lay terms, No, you don't own the neighbor's piece of property which is in your fence. That would take years.)
I'm in NPR if you need a lawyer letter to go to your neighbor.
The time limit is longer than you would think (7 years plus other requirements). But your neighbor may not be correct and will have the burden of proof, as my colleague has mentioned. Do you have any legal documents that support your claim to the land? If so, clear the area. If your neighbor continues to bother you, you may want to have an attorney deal with her or just wait to see if she takes any further action. Regards,
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