Legal Question in Civil Litigation in Florida
My neighbors fence is about 3 feet on my property. The neighbors house is in forclosure and nobody lives there. I had to cut some small tree stumps on the other side of the fence (still on my property) so I jumped the fence and cut the stumps. Was this legal for me to do?
2 Answers from Attorneys
if you are on your property, then your actions are legal. It would also be legal to remove or relocate the fence if it is on your property. You should be aware that if the fence encroaches on your property for a long enough time the owner of the other property could claim to have taken the additional three feet of property by adverse possession.
if you went beyond the 3 feet which is your property, you probably trespassed. i would consider making sure your survey is correct about the property line and then contacting the owner or the bank about removing it.
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