What to Do When Your Neighbor Builds a Fence on Your Property: Take Control of the Situation

Owning property comes with a sense of pride and responsibility, but disputes with neighbors can quickly turn that pride into frustration. One common issue? A neighbor building a fence that encroaches on your property. This situation can be awkward and stressful, but there are steps you can take to resolve the issue calmly and legally.

How Can I Tell if My Neighbor’s Fence is on My Property?

Before jumping to conclusions, confirm whether the fence actually crosses into your property. Here’s how:

1. Check Your Property Lines: Review your property survey, which outlines the exact boundaries of your land. If you don’t have a copy, it’s often available through your county property appraiser’s office or from the title company that handled your home purchase.
2. Hire a Professional Surveyor: If the property lines aren’t clear, hire a licensed surveyor. They’ll measure your land and clearly define its boundaries, which can help settle disputes before they escalate.
3. Look for Local Ordinances or HOA Rules: Some municipalities and homeowner associations (HOAs) have specific guidelines about fence placement. Make sure your neighbor’s fence complies with these rules.

What Are My Rights as a Property Owner in Florida?

In Florida, property owners have the right to exclusive use and enjoyment of their land. If a neighbor’s fence encroaches on your property, this may constitute a property boundary dispute. Depending on the situation, this could involve:

• Trespass: If your neighbor knowingly built on your land.
• Adverse Possession: If the fence has been there for a long time without dispute.
• Nuisance Claims: If the fence disrupts your property use.

How to Handle a Fence Dispute with Your Neighbor

1. Talk to Your Neighbor First: Often, your neighbor may not realize they’ve crossed the boundary. Approach them calmly and present evidence, such as your property survey. A polite conversation can prevent unnecessary legal battles.
2. Send a Written Notice: If a verbal discussion doesn’t work, follow up with a written notice. Outline the issue, provide supporting evidence (like the survey), and suggest a resolution, such as moving the fence or sharing costs for removal.
3. Seek Mediation: Mediation is a cost-effective alternative to court. A neutral mediator can help you and your neighbor reach a fair agreement without escalating the conflict further.
4. Consult a Real Estate Attorney: If the dispute can’t be resolved amicably, contact a real estate attorney. We can review your case, explain your rights, and guide you through the legal process, including filing a quiet title action or seeking injunctive relief.

What Happens If the Fence Has Been There for Years?

In some cases, the doctrine of adverse possession could come into play. Under Florida law, if someone occupies or uses your land for an extended period (seven years in most cases), they might gain legal rights to it. However, this requires specific conditions, such as open and continuous use. Our real estate attorneys can help determine whether adverse possession applies and how to address it.

Can You Prevent Future Boundary Disputes?

To avoid disputes like this in the future, consider these proactive steps:

• Have Your Property Surveyed Before Major Changes: Whether you’re building a fence or landscaping, ensure you’re within your boundaries.
• Maintain Clear Communication with Neighbors: If you plan to build near the boundary line, discuss your plans with your neighbor first.
• Erect Clear Boundary Markers: Installing boundary markers like hedges or posts can eliminate any confusion about where your property begins and ends.

Why a Real Estate Attorney Is Essential

Boundary disputes can become complex, and Florida property laws are nuanced. A real estate attorney can help you:

• Negotiate with your neighbor or their attorney.
• Represent you in court, if necessary.
• Protect your property rights and investment.

At Ayala Law, we specialize in real estate disputes and can help you resolve conflicts while protecting your rights. 

If you need legal help with this issue, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.  

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here. 

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].