Legal Question in Real Estate Law in Florida

Re: Affect of fence over property line on title

Probably not. It will show on the Buyer's survey as an encroachment by the neighbor. Most lenders and buyers do not object to a small encroachment, however. Most properties do have some encroachments but usually over easements and setback requirements.

You might like to preserve your rights by sending a certified letter to the neighbor informing him/her of the encroachment and request that it be resolved or, in the alternative, that you will permit it until it becomes a problem for you.

Scott R. Jay, Esq. 305-249-8000

Re: Affect of fence over property line on title

It may, but it's unlikely. The encroachment will show up on the survey any future buyer may perform, but unless the encroachment has an impact on the value of the property, the bank will fund the mortgage loan and it should not become a big deal. Of course, you run the risk of having a future buyer make a big deal about it, perhaps even requesting a reduction in the purchase price, and at that point it would pose a problem. I recommend that you notify your neighbor of the issue with a friendly-worded letter (sent by certified mail, return receipt requested), which you will of course keep a copy of, so that your neighbor can never claim in the future that he/she was not aware of the problem. The neighbor may voluntarily cure the problem by moving the fence over, at their expense. Good luck.

Re: Affect of fence over property line on title

prior replies are accurate.

Re: Affect of fence over property line on title

If it were my property, I would notify my neighbor that I believe he is encroaching. If he refuses to cure it, I would offer to split the initial cost of a survey and if encroachment found, that he pay the entire cost and remove. If none found, you can pay. It's cheaper than a law suit...and more neighborly too.