Legal Question in Real Estate Law in Florida

Wooden fence encroachment

I need some help. In 2000, I bought a brand new home. On my survey, it displayed a fence encroachment measuring approx. 7ft deep and 22ft across my backyard. When closing, I was assured by the home builder that this was in litigation and should be resolved within a few months. Since then, I have found out that this was never in litigation and hired a lawyer. My lawyer has sent a certified letter to the owners with little response. I have spent over $2,500 in legal fees an can no longer afford this process. What should I do? This may become an obstacle when I decide to sell my home.


Asked on 6/07/03, 5:17 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Wooden fence encroachment

Since you already have an attorney, it would not be ethical for me or another attorney to provide any opinion. I strongly believe that if you have actually "spent over $2,500 in legal fees" that your lawyer has done far more than send a certified letter to the owners with little response.

Was the seller sued? Has the neighbor whose fence encroaches sued?

I suggest that you meet with your attorney and question why you have spent the sums you have without any success. Discuss your finances and find out what else is required to resolve the problem.

Scott R. Jay, Esq., 305-249-8000

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Answered on 6/07/03, 5:30 pm


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