Legal Question in Real Estate Law in Florida

Real Estate Law

My next door neighbors house was damaged during a hurricane. His 100 foot wooden fence has encroached my property line and his overgrown trees have caused problems on my roof-ants-etc. I have talked to him several times during the last two years with no action taken on his part. I had shown him the legal drawing of my property line two years ago-still no action has happened. Cost to repair-$2000


Asked on 7/30/07, 12:18 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Real Estate Law

You may need a court order to have him remove the fence. Do not ignore this or you may be deemed to have waived your right to the property. You are responsible to cut the tree limbs over your property

Read more
Answered on 7/30/07, 1:05 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Real Estate Law

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Florida law holds you responsible to cut overgrown limbs from your property even though they are from your neighbor's trees. Although it may seem unfair, it is the law. If your neighbor refuses to fix his fence, then you might want to file a complaint with the code enforcement of your city or county. They may cite him and require him to fix the fence. If that does not work, your only recourse is to file suit in the appropriate court which may require you to engage the services of an attorney to represent you.

Scott R. Jay, Esq.

Read more
Answered on 8/12/07, 9:24 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida