Legal Question in Real Estate Law in Florida

My son has owned his home for 9 years. His neighbor bought the house next door about 5 years ago and found on his survey that the fence dividing their properties for the past 40 years, is about 15 ft over on the neighbor's property in the front yard. It gradually gets smaller toward the back of the yard. Today the neighbor had the fence moved onto my sons property, making his front yard much narrower. He didn't tell my son in advance that he was going to do this. Even if the survey is correct, is there a law that grandfathers the placement of a fence over a certain period of time, or can his neighbor legally take 15 ft of his front yard? He does not live inside the city limits, but in the county.


Asked on 6/09/10, 2:30 pm

1 Answer from Attorneys
Richard Kaplan

You may want to consider Adverse Possession.

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Answered on 6/09/10, 6:24 pm


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