Legal Question in Real Estate Law in Florida

My home is in Florida. My property has an 8 ft easement running along the back fence that used to have power lines that have been removed. My chain link fence has been there since 1950 when house was built with the easement on my side of my fence. I had bamboo growing along fence to give me privacy from my neighbor's 2 story house that overlooks my back yard. Without my permission he has ripped 3 foot wide strip of my bamboo out, the length of my back yard and today he has pulled up my fence. Do I have any legal recourse because it is an easement?


Asked on 8/02/16, 4:05 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Was the fence on your property? The easement is on your property allowing access to whatever utilities are entitled access. It does not give your neighbor the right to touch your trees or pull out your fence. are you sure the neighbor did it? The property is yours, the easement status just means your structures and trees can be removed by the appropriate easement holders.

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Answered on 8/03/16, 12:13 pm


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