Property Line Dispute
Hello i live in davie florida i bought a trailer from a friend but he owns the lot
my problem is that i built a wood deck on top of my concrete patio which is on the side of the trailer. there is nine feet from the trailer to the fence that has been there for over ten years. now after i built the deck the owner next door is saying that two feet on my side of the fence is hers. My question is do i fall into adverse
possession because the fence has been there for so long.
helpppppppppppppppp :-x
Where was this informative neighbor when you were building the deck? (Just Curious)
Ask your friend if this is true. If they don't know, look up the plot at the courthouse. They will have a description of the lot size, and you will likely be able to find the true property line yourself. Discuss your options after you find out if the neighbor is just pulling your chain or not.
she came out while i was building the deck and told me about the boundry.
first she said 4 inches then 18 then 22 she had a survey done and it shows 18
but since the fence has been there since the early 80's it should become the property line ?????????
i built the deck for my wife who had a stroke that took most of her vision and left her with no depth perception so she needs the space to move about.
i went to a hearing today at the city over the issue they are not sure on what to do ****Must Reach Freshman Investor status before posting URL's***y friend has had this property since early 70's the lot next door was not even there yet.she want to cut my slab and move the fence.
I believe the topic you should be looking up is adverse possession. It varies by state. An attorney is always advised.
I agree w/"myfrogger". Additionally, I do not think you should adverse possession for the following reasons (Which are relative to My state's laws not Florida's):
1) You do not own the property and therefore do not have legal standing to prevail.
2) You will almost certainly lose (for several reasons).
3) It's just not the "right thing to do."
the whole thing is blown out. the lots have been this way for 25 to 30 years and like i said before i only have 9 feet on the side in question and its all concrete slab or patio.she dont even use the ****Must Reach Freshman Investor status before posting URL's*** have been reading fence laws and it shows if the fence has been there more than 7 years you gain control and this becomes the new line??????
what really happened was the lots were rentals origanally then they were sold off
i dont think they looked were the slabs all would end up property wise. and since everyone has a fence no one has
had a problem with the lines.but it only takes one in a bunch to open a can of worms.
the issue of whether your encroachment (the fence) has given you adverse possession is largely moot in Florida.
Adverse possession is an english common law concept and, generally in American law (with the exception of Louisiana and some other states) where there is no statute the courts will fall back on english common law.
However Florida has a very explicit statute on such matters (the title of which I do not currently recal). Either do some Florida specific legal research, hire a florida lawyer, or talk nice to the neighbor and try to work something out.
My recomendation is the latter. A recorded agreement that the deck is not a permanent structure and will not be replaced might start. Even an agreement to remove the deck when your wife no longer needs it. The neighbor may be molified because she will not want to appear to be opposed to a crippled woman being able to get out of the house.
Mark
thanks for the info what about the fence
being there since 1981. is there a statue
of limitations on it being a permanent
boundry."new boundry line"
Frankly, I don't know the answer to your question.
There seems to be quite a bit of knowledge here. Perhaps someone else will know.
Good Luck.