Legal Question in Real Estate Law in Florida
Neighbors fence on my property
We moved into our house in 94, our survey shows that the neighbors 4' chain link fence is on our property. I figured it was not a big deal at that time since it did separate the two properties. The neighbors have since moved out of town and are now renting the property to some family members of theirs, who has built another, 6' wood privacy, fence on their side. The old chain link fence is still there and distracts from the new fence,now grows weeds and grass in between the two fences. I asked the owner of the house about removing the fence, and reminded her that it was on my property. Of course she insists it is on her property and that she really does not want to remove the fence. Is there anything that can be done to have this Chain link fence removed? It is only 1.1' at the front and .10' on the back of my property according to the survey.
2 Answers from Attorneys
Fence Encroachment
FACTS: The neighbors' 4' chain link fence is on our property. It is only 1.1' at the front and .10' on the back of my property according to the survey. This chain link fence distracts from the newly built wood fence, grows weeds and grass between the two fences. The neighbor really does not want to remove the fence.
Q. Is there anything that can be done to have this Chain link fence removed?
A. Yes. The safe legal way is to file a lawsuit to get a court order for removal. This is also the most expensive and slowest way. You could also take a chance that your survey is correct and simply remove the fence as it is on your property. This will place the "ball" in your neighbors court to take any action they deem appropriate. Since they have the wood fence, they PROBABLY wouldn't do anything.
Re: Neighbors fence on my property
Mr. Fernandez is correct. I will add that you should
do one or the other. Allowing the chain fence to
stand could lead to the neighboring owner asserting
ownership up the chain link fence by adverse possession.
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