Fences can improve property value or limit the chances of conflict between neighbors. In some cases, neighbors agree to erect a fence jointly and share the costs associated with doing so. Other times, one neighbor may decide they want a fence and may put one up at the boundary line without involving their neighbor in the process. In the latter situation, a neighbor might allege that the fence actually crosses the boundary line and deprives them of access to some of their land.
What rights do property owners have if a fence crosses the boundary between properties instead of sitting at the boundary or on a neighbor’s parcel?
Going to court might be necessary
Florida property owners might put their real estate investments at risk if they fail to respond appropriately to incursions by neighbors. If a property owner realizes that a proposed fence crosses the boundaries between parcels, they can initiate litigation and ask a judge to prevent the installation of the fence as planned.
If the fence has already gone up, litigation may be even more important. Otherwise, the property owner enduring the violation of their boundary right might eventually lose the contested property to a claim of adverse possession.
A judge can issue an injunction preventing the installation of an inappropriate fence. They could also potentially order the owner who paid for the fence to remove it or have it repositioned to accurately reflect the boundary line between parcels.
Property owners dealing with boundary violations and other neighborly disputes may need help taking appropriate action to protect their real estate holdings, and that’s okay. Filing a civil lawsuit can be a reasonable option when people are dealing with boundary violations that could diminish the size of a parcel and the value of real estate holdings accordingly.