Legal Question in Real Estate Law in Florida
Real Estate Law
My next door neighbors house was damaged during a hurricane. His 100 foot wooden fence has encroached my property line and his overgrown trees have caused problems on my roof-ants-etc. I have talked to him several times during the last two years with no action taken on his part. I had shown him the legal drawing of my property line two years ago-still no action has happened. Cost to repair-$2000
2 Answers from Attorneys
Re: Real Estate Law
You may need a court order to have him remove the fence. Do not ignore this or you may be deemed to have waived your right to the property. You are responsible to cut the tree limbs over your property
Re: Real Estate Law
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Florida law holds you responsible to cut overgrown limbs from your property even though they are from your neighbor's trees. Although it may seem unfair, it is the law. If your neighbor refuses to fix his fence, then you might want to file a complaint with the code enforcement of your city or county. They may cite him and require him to fix the fence. If that does not work, your only recourse is to file suit in the appropriate court which may require you to engage the services of an attorney to represent you.
Scott R. Jay, Esq.