“Good fences make good neighbors,” but what happens when a fence is clearly on the wrong side of the line? Discovering that your neighbor’s fence has encroached onto your property is a stressful situation that can quickly turn a neighborly disagreement into a serious legal conflict. While it’s tempting to grab a toolkit, the laws in Florida require a careful, measured approach to protect your property rights.
The first, non-negotiable step in any Florida boundary dispute is establishing the facts. Even if you have an old survey or deed, the description can be complex or unclear. You must hire a licensed land surveyor to perform a current and accurate survey. This survey is often considered the strongest piece of evidence, physically mapping out your property based on legal descriptions and giving you a concrete reference point to begin discussions.
The 7-Year Rule: Adverse Possession in Florida
Beyond the immediate issue of the fence’s location, you must consider the legal concept of adverse possession. In Florida, a neighbor who has been using or occupying a portion of your land—such as the area enclosed by a misplaced fence—for at least seven consecutive years may be able to claim legal ownership of that land.
For an adverse possession claim to succeed, the possession must be “open, continuous, exclusive, adverse, and notorious” for that seven-year period. An existing fence can serve as the “substantial enclosure” that defines this adverse use.
Another legal concept that may apply is the doctrine of Boundary by Acquiescence. If the original boundary line was uncertain, and both you and your neighbor have treated the fence line as the actual boundary for at least seven years, a court may uphold that fence as the new legal property line, overriding the technical deed descriptions. The longer an encroachment goes unaddressed, the greater the risk of losing that land forever.
Steps to Resolve the Dispute
Once you have a professional survey confirming the encroachment, you should follow these steps:
- Communicate Amicably: A respectful, civil conversation with your neighbor can often resolve the issue, as the encroachment may be an honest misunderstanding. Share the survey results clearly and calmly.
- Avoid Self-Help: Do not attempt to move, tear down, or damage the fence yourself. This can lead to serious legal consequences, including fines or criminal charges.
- Consult a Florida Real Estate Attorney: If your neighbor disputes the survey or refuses to cooperate, it is time to seek legal counsel. An attorney can:
– Review all legal documents and formalize your property rights.
– Send a formal, “soft” letter to your neighbor to de-escalate the situation.
– Negotiate a resolution, such as a boundary line agreement, or help pursue mediation.
Taking prompt action to address an encroachment is crucial to prevent the costly and permanent loss of your property rights under Florida law. For more information on property law, you can review the Florida Statutes directly.
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