Legal Question in Real Estate Law in Florida

Can my neighbor sue me for putting up what he calls a spite fence? I put up shrubs no taller than three feet down my property line so that I could create some boundaries in between my yard and his because he and his children were using my yard as a gateway back and forth. So I put them in for safety as well as privacy. However, now he has filed a neighborhood dispute against me twice. Also he has done nothing but harass my family ever since doing things like threatening us,standing in his yard yelling things at my family, putting up twenty foot poles with flags stretched across them with very offensive words on them right beside my shrubs facing my yard, putting up a light pole in the back yard were the light shines in our daughters bedroom window, etc. I have had to call the police four times, to no avail. Any help would be greatly appreciated.


Asked on 11/23/09, 8:27 am

3 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I deal with bad neighbor issues. If you are damaged, it is worth hiring an attorney. Annoyance does not qualify as "damages" in this type of case.

The simple is that your neighbor can sue you, but he can't win in my opinion.

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Answered on 11/28/09, 9:41 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Check the local zoning restrictions or rules governing the subdivision. You may get some help there.

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Answered on 11/28/09, 11:23 am
Lesly Longa Longa Law P.A.

Check the local rules or ordinances. Unless your neighborhood has a rule regarding the fences/trees, I don't see why you wouldn't be able to put them up or prevent your neighbors from trespassing. I do see some disturbing issues here that may give you a cause of action against the neighbor. Before resorting to legal action, it is best to try to work it out yourself.

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Answered on 11/28/09, 6:56 pm


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