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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Boundry Fence Line And Incrocement

    My question involves personal property located in the State of: Florida St Petersburg.

    Hello,
    We purchased a house 4 years ago with no fence, on the west side of our house our neighbor had a old chain link fence there for about 15 years.They got a pet that was trying to climb over the fence all the time so we decided to put up a nice wood fence.We placed the fence along the existing chain link fence " a few inch off" her fence and gave her the pretty side. Our Fence has been up about 8 Months, Needless to say she is a old lady and did not want a wood fence up as she like to look at everything. Since putting the fence up she has ceased to speak with us.

    We have been maintaining the property since we have bought our house.

    After 8 Months we get in the mail from her atty, a letter that we are encroaching on her property 3 feet( impossible)
    8-10 inches.. if we move the fence 8-10 inches , there is going to be a gap and she will then have to figure out a way to maintain the property in-between the fence! Or all sorts of things will get in there . If we have to move the fence that is fine 8-10 inches.. However we have to dig up all our bushes and plants and it will really be her loss as we will now out the good side of the fence towards us. Either way the fence will go back up weather she likes it or not. We have a suveryer coming out , but still would like to know the following, I could understand it we were 3ft in her property.. but we are speaking inches..
    Questions:

    1) is there a 12 inch buffer line
    2) are we entitled to swatters rights because of her pre existing fence?
    3) Are we entitled to adverse possession
    4)Are we entitled to the homestead law?
    FL

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Boundry Fence Line And Incrocement

    See other thread for your questions. http://www.expertlaw.com/forums/showthread.php?t=51839

    It is a good idea to get the land surveyed; then you will know where the property line is for sure.

  3. #3

    Default Re: Boundry Fence Line And Incrocement

    There is no such thing as squatters rights except in the contex of adverse possession. She does not have to put her fence on the property line and a lot of people don't. Inches or feet, it doesn't matter. You should have been sure of the property line before putting up the fence. Get it surveyed and move the fence to the property line. Let her worry about her own property.

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