Boundary Disputes

Boundary Disputes

Boundary disputes are a common Real Estate dispute in Florida. Most disputes involve the so-called boundary fences.

The boundary fence is a partition line dividing two adjacent properties. It is located in the middle of the division line as part of both properties, meaning that both neighbors own the boundary fence equally.

In Florida, no statutory rules govern the boundary fence issues. The rules revolving around boundary fences are part of local ordinances.

Boundary disputes can arise due to various reasons. Most often, neighbors dispute the location of the boundary fence. The issue is whether the boundary fence goes over the line between the properties belonging to both neighbors or lies at one property. The boundary line location leads to the dispute revolving around controlling property. If the boundary line location is not in the middle, one neighbor has right over the parts of the other property. The extent of the encroachment between the properties depends on the line location. Next, the fence can violate local ordinances if your neighbor built it with prohibited materials (such as barbed wire or electrically charged fences). Disputes between neighbors also revolve around the question of who is responsible for maintaining and repairing the boundary fence. Since the boundary fence is a dividing line falling equally on both properties, neighbors should contribute to its maintenance equally. Disputes arise when one owner refuses to participate in repairs. Finally, neighbors disagree about the boundary fence’s height. Depending on its structure, the boundary fence can block view or sunlight, so one of the owners can claim that it is too high, which leads to a dispute if the other neighbor disagrees.

When the boundary dispute arises, the most vital issue is dealing with property encroachment while the lawsuit is pending. The costs and expenses are also worth considering.

Whenever possible, owners should settle disputes in informal negotiations or using mediation. Going to court can cause unnecessary expenses and disrupt neighbor relationships.