Just moved into my newly gut-rehabbed house in Central FL. My neighbor had a half failing fence that was roughly 6” over my property line in the front and a foot over my property line toward the back. It goes at a diagonal.
I offered to rebuild the whole fence (as it would be a continuation from the front) and make sure it was on my property line so there’s no debate. The neighbor mentioned adverse possession since the fence had been there for some time. He also said he already hired someone to rebuild a portion of his fence on only the side that is failing. I told him to simply make sure it’s on his property when he rebuilds. He told me it would be at least an inch onto his property.
Well, I got a new survey and it says the new portion of his fence is still roughly 5” on my property, and the old portion of his fence is still a whole foot on the property. I also noticed that his fence starts out at roughly 2-3” on my property at the top, then expands rapidly toward the base of the fence to 5” over my property.
Because he mentioned adverse possession laws (where he stakes claim to my land if I allow him to assume possession via a fence), I’m starting to feel that this move of his was intentional.
I texted him and his wife letting them know that the survey company is going to come out to stake the property line. I also asked if the fence he erected was permitted, as the surveyor said the permit would’ve shown this or prevented this. No answer and it’s been a few hours. I now think they’re going to legally try and fight this.
Am I overreacting in this situation or should I be talking to attorneys?
Update: no, I can’t simply remove his fence and erect my own now. “short answer: no, you generally should not just remove the fence yourself—even if it’s on your property.
In Florida, taking down your neighbor’s fence without following the proper steps can expose you to claims like property damage, trespass, or even criminal mischief, especially if there’s any dispute about where the boundary actually is.”