New house in FL

Guest 0.10 Dollars($)

I just bought my first house in FL, a 1967 beach home about two blocks from the beach. The survey shows that we should have an extra 2.5 feet on the Southwest side and an extra 5.5 feet on the South east side of the lot. There may be other variables that explain why the fence is positioned the way it is, but it's in our lot by an average of 3.5 feet! The survey sticks are still in the neighbor's yard showing this extra square footage and the adjacent neighbors' fences clearly show where the fence should be. Do I have a case in retrieving rights to those 300 square feet of yard? Is there anything that may be preventing me from legitimately moving the fence? Should I seek legal advice about this issue?

THank you

gmakerley · Posted: Tue Jan 22, 2008 12:08 pm Post subject:

the first thing that ought to keep you from moving the fence is the desire to be a good neighbor.

yes, indeed, you should seek legal advice - you don't know if the neighbor built that fence in good faith. why start trouble with your new acquaintances as soon as you move in?

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi Mike,

I agree with George that you should better consult with an attorney for legal assistance. No need to get in trouble just after moving into a new house.

Best of luck,
Larry

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.03 Dollars($)

Hi Mike,

Unless the fence has been there for more than 20 years then you can require them to take it down. Actually I believe that you could even tear it down but I would consult an attorney before doing that. I think the most appropriate action would be to ask them to remove it and then contact the city to see what they can do to enforce this. Worse case, I am sure you could take them to court if they don't adhere to this.

I understand your frustration. My neighbor replaced his old fence that was already over my property line by a foot and went about another 6 more inches. I think this was just their way of being greedy and taking a few more inches for themselves. We both have small yards so it does make a difference but more importantly it comes down to the principle of it. As of right now, they are stealing 3.50 feet of your property all the way down the fence line. I would definately do something about it.

All times are GMT - 7 Hours

Page 1 of 1