Legal Question in Real Estate Law in Florida

Property Boundry Dispute

When we purchased our home 12 years ago we discovered (at closing) the previous owner had fenced in the yard well inside the boundry line. The area not included within the fence measures 12'X 7'X 80'. Our neighbor has maintained that property over the years. He sold his home recently and is claiming that our property on his side of our fence was his to sell. We believe we continue ownership.


Asked on 11/13/05, 4:21 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Property Boundry Dispute

You should have dealt with this issue 12 years ago. I strongly recommend that you meet in person with a real estate attorney experienced in real estate litigation in the county where the property is located, without delay. Ask that attorney whether you should start to relocate your fence to the correct property line. The buyer of your former neighbor's property should have had a survey performed that would have confirmed the correct boundary lines of what the buyer was purchasing, and that may put the issue to rest. Good luck.

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Answered on 11/14/05, 4:24 pm
David Slater David P. Slater, Esq.

Re: Property Boundry Dispute

Insufficent facts are stated to determine whether they have a valid adverse possession claim.

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Answered on 11/13/05, 4:37 pm


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