Legal Question in Real Estate Law in Florida

Our neighbor has built a fence on our property. We later built a parallel fence next to that fence. The neighbor complained about our fence since if violated the Homeowner's association of no parallel fence. We hired a surveyor to establish that the neighbor's fence was on our property. The neighbor's fence was built before HOA approval was required and ours was built after that requirement. We have been asked to remove our fence by the HOA. Since the neighbor's fence is on our property we would like that fence removed. Once that is removed our fence no longer violates the "no parallel fence" rule. How can we get fence removed?


Asked on 10/20/16, 7:30 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Advise them in writing with the survey. If not removed hire an attorney to pursue the claim. This will be an expensive proposition.

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Answered on 10/20/16, 7:40 am
David Slater David P. Slater, Esq.

They are trespassing. Advise them to remove or bring legal action. Depending on the facts, you maybe able to recover legal fees.

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Answered on 10/20/16, 8:11 am


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