Ask Experts Questions for FREE Help !
Ask
    Havebens's Avatar
    Havebens Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 30, 2013, 07:26 PM
    I have had my fence for 30 years. The neighbor who moved in at the same time gave me
    I have had my fence for 30 years. The neighbor who moved in at the same time gave me permission to put the fence a few inches on on his property. The neighbor moved out about 15 years ago and is now demised. There have been several owners since then. No complaints. Now there is a new owner and they want me to move my fence. I live in Florida. Can they does this. Is this now my property?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #2

    Jul 30, 2013, 07:50 PM
    Unfortunately I don't think you have a case for claiming this as your property. If the original neighbor had given you permission in writing, and if you had that recorded that writing then you would have an easement and the new neighbor could not force you to move the fence.

    Since they original neighbor gave you permission you do not qualify to own this property by adverse possession.

    If you don't want to move the fence then maybe the new neighbor would be willing to sell you an easement for the fence that would cost less than the cost of moving the fence.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Jul 30, 2013, 10:36 PM
    It appears and I agree with Lisa, that given the way it happened, and not in writing, you will have to take the fence down. If not, they may do it and bill you for the cost.

    At 15 years, perhaps time for new fence anyway. Are they willing to help with cost of new fence.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
    		  
    #4

    Jul 31, 2013, 12:00 PM
    I agree with the others - you will have to move the fence. If you're wondering whether you could claim the land under adverse possession the answer is no. In Florida to claim adverse possession you must have open and notorious use of the land, meaning you do not allow any other person to use the land (i.e. it's fenced) and either (a) adverse possession under color of title - meaning that there's an error in your deed so it says your property includes this sliver of land, or (b) adverse possession without color of title, which requires you to have filed a return with the county appraisers within one year of gaining use of the property, and paying all taxes and liens assessed during possession of the property. I assume that your neighbors all along have been paying property taxes on the bit that's on your side of the fence, so this doesn't fit your case.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #5

    Jul 31, 2013, 03:53 PM
    The easement like lisa said sounds best to me if they agree
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #6

    Aug 2, 2013, 05:11 PM
    Quote Originally Posted by LisaB4657 View Post
    ... If the original neighbor had given you permission in writing, and if you had that recorded that writing then you would have an easement and the new neighbor could not force you to move the fence.
    ...
    It's a moot point, because that's not the situation, but I believe "permission in writing" would have (depending of course on the language) been a revocable license, not an easement. So it wouldn't have helped.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #7

    Aug 2, 2013, 05:21 PM
    Quote Originally Posted by AK lawyer View Post
    It's a moot point, because that's not the situation, but I believe "permission in writing" would have (depending of course on the language) been a revocable license, not an easement. So it wouldn't have helped.
    Of course it would depend on how it was written.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Does the fence belong to me or my neighbor [ 5 Answers ]

We recently replaced 2 sections of fences because they were broken and falling into our yard. My husband tied them up until we could see if the neighbors were willing to help with the cost before we fixed them. The property survey shows the fence post within our property and 6' fence is written...

Neighbor says my fence on his property [ 7 Answers ]

I have lived in my home for almost 20 years, the house was built in 1986. My property was surrounded by wooded area originally until recently, owners are trying to secion off the land parcels to build sincle family homes. I had land all around me up until 2 years ago, then a house was built next to...

My neighbor says that our fence is three feet onto his property [ 15 Answers ]

My neighbor clames that out fence is three feet onto his property and he plans to move it. The fence had been up for over thiry years. After a certain amount of time does the fence define the property line or will I need to have the property serveyed to settle this dispute?

How do I know the fence is belong to me or the neighbor. [ 4 Answers ]

Good evening. Couples of days ago strong wind blew down the fence @ my rental property... IM pretty sure the fence is belong to the neighbor, so I knocked on their door and inguiry about them to have them fixed and ended with the answer... "that is not mine..it is your..." I brought the property...

Next door neighbor took down my fence. [ 1 Answers ]

What can be done about a neighbor who claims to own app.1-2ft of land on my side of her wall. She took down my chain link fence leaving the gate and the remaining fence along my garage wall allowing my small fox terrier to wander the street. She insists she has the right to prevent me from...

View more questions Search