(1) A residential swimming pool barrier must have all of the following characteristics: (a) The barrier must be at least 4 feet high on the outside. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Id. Florida state law requires fencing to be built around commercial, residential, in-ground and above-ground pools, spas, and hot tubs. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. Under a negligence theory, one could argue that a dead tree is a hazard that could cause foreseeable damage to a neighboring property. Livestock at large; legislative findings. Importantly, the burden of proof to establish a claim of adverse possession is on the trespasser. Michael T. Olexa, Jeffery W. Van Treese II, and Christopher A. Hill, https://edis.ifas.ufl.edu/entity/topic/BOOK_Florida_Fence_and_Property_Law, UF/IFAS Electronic Data Information System, Institute of Food and Agricultural Sciences. Members save $872/year. All rights reserved. Posted on Oct 19, 2013. If Landowner A's dead tree falls on Landowner B's property, Landowner A is responsible for damages. Max is experienced in litigating personal injury claims and product liability issues in the state and federal . Your neighbor won't necessarily be liable for healthy branches falling on your land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner's own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property.. G's survey disclosed that M's fence was encroaching upon G's property as described in their deeds and the true boundary line was eastward of the fence. Fences. Firms, designate your property from your neighbor's, Handbook of Florida Fence and Property Laws, Property Boundaries, Lines and Neighbors FAQ, A clear description of the lands and the and location of the fence, The responsibilities of each party to build and maintain the fence, At least two independent witnesses and a notary, There is no legal obligation to erect a boundary fence, If one landowner builds a fence, he has no automatic right to contribution from the adjoining landowner unless there was a prior contractual agreement, If adjoining landowners buy land where a fence already exists, they are considered the joint owners of a fence and have joint obligation to repair and maintain the fence, The erection of a fence can be considered a "nuisance" in certain circumstances, for example if hinders the use of a roadway, A fence can be found to be a nuisance if it was built out of spite in order to block a neighbor's view without serving any legitimate purpose, such as preventing trespass and vandalism, A landowner that removes a healthy tree from a boundary line without the permission of the other landowner may be liable for the cost of replacing the tree, If encroaching tree branches are healthy, the landowner with the tree isn't responsible for damage caused by falling branches, and the adjoining landowner can trim the branches as his/her own expense, If encroaching tree branches are dead, the landowner with the tree may be liable for branches that fall on the adjoining landowner's property. 71-136. Alternatively, the adjoining property owner may wish to use a stump grinder to destroy roots that have encroached onto their property. See, e.g., Van Meter v. Kelsey, 91 So.2d 327 (Fla. 1956). Its possible, but itll be harder for Florida residents. at 1016. The sheriff or county animal control center shall employ poundmasters, guards, or other persons as may be necessary to protect, feed, care for, and have custody of, the impounded animals and the sheriff or county animal control center shall be entitled to the fees herein allowed for such feed and care. I expected the worst, to be honest. The First District upheld the verdict, stating: An owner of real estate has a right to enjoy it according to his own taste and wishes, and the arrangement of buildings, shade trees, fruit trees, and the like may be very important to him, may be the result of large expense, and the modification thereof may be an injury to his convenience and comfort in the use of his premises which fairly ought to be substantially compensated, and yet the arrangement so selected by him might be no considerable enhancement of the sale value of the premises, it might not meet the taste of others, and the disturbance of that arrangement, therefore, might not impair the general market value . The above described livestock will, unless redeemed within 3 days from date hereof, be offered for sale at public auction to the highest and best bidder for cash. If the fence was originally installed on your neighbor's property but fell on to your property as a result of the storm, you can remove the fence from your property in the same way you can move trees and limbs from your property. Adverse possession in Florida is controlled by state statute ( Fla. Stat. In this case, he/she will first have to consult with you before moving forward with the project. Find insurance savings it's 100% free, Compare Free Quotes (& Save Hundreds per Year! Can my neighbor build a fence on the property line? A dispute or uncertainty from which it can be implied that both parties are in doubt as to the true boundary line (meaning both landowners lack actual knowledge of the true boundary), and. Livestock running at large or straying shall mean any livestock found or being on any public land, or land belonging to a person other than the owner of the livestock, without the landowners permission, and posing a threat to public safety. If the tree is healthy, you may, at your own expense, trim back branches up to the property line. Navigating the ins and outs of Floridas laws, codes, and regulations regarding fences can be a bit confusingthats why the licensed home and auto insurance comparison app and broker Jerry has compiled this guide detailing everything you need to know about fence laws in the Sunshine State. It depends on who owns that fence. If the fence is to be used on a commercial property with more than two-units, or one thats more than six feet high, youll need a permit. Better yet, Jerry will help you bundle your home and auto insurance for even bigger savings and less paperwork., It was my first time buying insurance. 588.12-588.25, the deficit shall be paid by the county from its fine and forfeiture fund. (Name of owner, if known, otherwise To Whom It May Concern), (giving full and accurate description of each head of livestock). 97-103; s. 34, ch. See also McDonald v. O'Steen, 429 So.2d 407, 409 (Fla. 1st DCA 1983). With no laws obligating the neighbor to contribute to your fence, the only way you can make the neighbor pay is by proving they benefit from the fence in court. Who pays for a fence between neighbors in Florida? Id. In other words, they must not have gotten permission. Overall, the jurisdiction of property line setback in PA is between 3 - 12 inches. Readers wishing to find further information from the Florida Statutes may access those statutes online at http://www.leg.state.fl.us/STATUTES/. I want to try it out on my car, but Ive never used one before. The removal of a tree on a boundary line by one landowner without the consent or authorization of the adjoining landowner may result in liability for the "reduction in value of the land resulting from removal of the tree," as well as for the "loss of the ornamental value and creature comforts provided by the tree." . It is helpful to work out any details with the other party before going to a judge. Hofka v. Hanson- Partition fence, property boundary and adverse possession. 99-391; s. 2, ch. Owner shall include any person, association, firm, or corporation, natural or artificial, owning or having custody of or in charge of livestock. Thirteen years after M had obtained title to her property, Givens (G) purchased property that shared a common boundary with M's property. The more complex types of encroachment disputes occur when the alleged encroacher asserts the defense(s) of boundary by agreement and boundary by acquiescence. Florida state law does not require homeowners to build fencing around their property and fences between adjoining landowners are not considered the fiscal responsibility of both parties. 490 So.2d at 1015. at 645 (citing Gilman v. Brown, 91 N.W. 117.030.] If the branches or roots are healthy, then the landowner with the tree located on his or her property is not liable for damage caused by those branches or roots. For these reasons, the use of these materials by any person constitutes an agreement to hold the authors, the Institute of Food and Agricultural Sciences, the Center for Agricultural and Natural Resource Law, and the University of Florida harmless for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this handbook. You can extend it to around 8 feet or reduce it to around 3feet depending on the regulations in your area. How to save money on homeowners insurance in Florida. It will be up to future courts to decide this point. If you are planning to build or renovate, it's crucial that you know exactly where your boundary line is, because it may not be where you think. (1) Any fence or enclosure at least 3 feet in height made of barbed or other soft wire consisting of not less than three strands of wire stretched securely on posts, trees, or other supports, standing not more than 20 feet apart; or when using battens, up to 60 feet apart for nonelectric and 150 feet apart for electric, if constructed with high We now want to build a new fence on our property line, but the neighbor is saying it is now his property because he has owned the lot to the south for over 10 years. Discussed areas include a property owner's respon-sibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, the placement of fences, encroachments, boundary lines, easements, con-tracts, nuisances, and a landowner's responsibilities towards persons who enter his or her property. I have a Mini Cooper as a rental car for the next week, and theres a whole bunch of stuff in the Bluetooth menu from previous users. of the fence and thus have equal responsibility regarding maintenance and repairs. What are Setback Ordinances? Id. ). In such a case, youll easily win the lawsuit. If a landowner builds a fence that encroaches on the true boundary line, he or she may assert the defense of "boundary by agreement" and ask the court to uphold the validity of the fence. All fences or enclosures of land shall be substantially constructed, whether with rails, logs, post and railing, iron, steel, or other material, and not less than 5 feet high; to the extent of 2 feet from the ground there shall not be a space between the material used in the construction of any fence greater than 4 inches; provided, that when any fence or enclosure shall be made with a trench or a ditch, the same shall be 4 feet wide; and in that case the fence shall be 5 feet high from the bottom of the ditch to the top of the fence. The fence must be placed on the inside of your property line. We wish to acknowledge Carol Fountain and Susan Gildersleeve at University of Florida for their assistance in editing this handbook. 99-391. Under Florida law, a neighbor may trim the branches of a neighbor's tree if the branches extend past the property line. Whether the lender can create a lien on the subject property while Barney's shed is encroaching upon it? 97-103; s. 33, ch. What is a 2007 GMC Envoys life expectancy? 99-391. Florida has laws governing these encroaching branches. . Nuisance fences also fall under this category, especially if the fence interferes with or hinders the use of a roadway or public land. Created byFindLaw's team of legal writers and editors The requirements of s. 588.01, shall constitute and be a legal fence to prevent the intrusion of swine where the running at large of swine is not prohibited by law. However, general Florida criminal statutes, such as those related to theft or property damage, may still apply when someone damages your tree. In such a case, youll shoulder all the costs. Boundary lines. Florida has specific laws when it comes to landlords and tenants, real estate and property. For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. Id. If neither of you knows where the property lines for your properties should be, the Florida laws require that you get a surveyor to help you out. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. (giving full and accurate description of same, including marks and brands), (giving location where livestock is impounded). Legal fences may include gateways or openings therein provided: That any such gateways shall be equipped with gates which are so constructed as to meet the minimum requirements or specifications of a legal fence; or. This handbook is not a replacement for personal legal advice, but is only a guide to inform the public on issues relating to fencing and property laws in Florida. There is hereby found and declared a necessity for a statewide livestock law embracing all lands of the state and necessity that its application be uniform throughout the state, except as hereinafter provided. Public pool fences must meet the requirements listed below. Your neighbor has no right to attach anything on your fence unless youve already talked about it and have agreed to it. If your neighbor wants a fence and you do not, they can build a fence on their land or even on the property line. Uncertainty was also shown by Ps hiring of a surveyor to locate the boundary before building the fence. They are outlined in your property deed, telling you where your property ends and where your neighbors' begin. Branches and roots frequently extend across property lines. Youll have to ensure that the fence removal process doesnt violate your previous agreement. 1, 2, 3, 8, ch. Put another way, consider Landowner A (property owner of tree) and Landowner B (adjoining landowner). Dealing With Boundary Ownership Disputes In Florida An argument over real estate property and boundary lines can cause a great deal of uncertainty. Variances or special exceptions can also be required for fences taller than 6 feet. He joined the law firm in 2001 as an associate after a two-year clerkship with Pennsylvania Superior Court Judge, John P. Hester. In the absence of controlling precedent, the First District upheld the circuit courts ruling that Balzer had no cause of action . Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Posted notices to the public as required by s. 588.09 shall be signs upon which there shall appear prominently, in letters of not less than 2 inches in height, the word posted, and in addition thereto there shall appear the name of the owner, lessee, or occupant of said land. 95.18) as well as by the courts. And then I found. That will only escalate the situation. Your Florida Construction Law Attorney. If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. . Do you know how to reset the Bluetooth in a Mini Cooper? . The court used boundary by agreement to allow P to maintain his fence. Florida Jurisprudencea secondary sourceprovides that where a dead tree falls on an adjoining property and damages that property owner's home, the landowner who owns the property where the tree originally was located is responsible for damages. The law is very specific about the dimensions of the purple stripes and how they must be positioned on trees or fence posts. 25236, 1949; s. 4, ch. Do I need a permit to build a fence in Florida? In Campbell, two adjoining landowners were uncertain of the true common boundary between the two tracts. Under this theory, the duty to remove trees may not be limited to dead trees, but may also include live trees with a high risk of failure such as trees with co-dominant leaders and girdling roots. Notwithstanding the requirements of subsections (1)-(3), the sheriff or the county animal control center may offer for adoption or humanely dispose of stray livestock, excluding cattle. If your fence has encroached into the property of your neighbor, he/she can easily get a court order to remove the fence. 588.12-588.25. Id. Nothing in this chapter prevents the owners of adjoining properties from entering into a written agreement that states that no fence is needed between the properties, a fence other than a preferred partition fence may be built and maintained pursuant to division (C)(1) of section 971.02 of the Revised Code, or the rights and obligations of the owners are different from what is established in . Remember the three aspects of boundary by agreement: Consider also the two aspects of boundary by acquiescence: This document is FE107, one of a series of the Food and Resource Economics Department, UF/IFAS Extension. If they damage any part of the fence, theyll be liable for the repairs and maintenance. In Florida, if you built the fence yourself on your property, then the neighbor shouldnt attach his things. Yes, but its not a legal obligation. One way to show that the neighbor benefits from the fence is if it completely encloses the property. So, if a tree sits on a property line, it's considered common property and you are both owners. A list of a few additional cases is as follows: If your title clearly describes your land andaccording to your deed and your neighbor's deedyour neighbor's fence is clearly encroaching upon your land, you should immediately notify your neighbor in writing of the encroachment. At the time of making her or his return the sheriff shall pay over to the clerk of the circuit court the entire proceeds of the sale. [Ord. Fences Residential fences can be a maximum of six feet (6') in height on rear and interior sides, and can be placed adjacent to or on property lines, subject to the requirements of the Land Development Code and subject to the regulations relating to visibility at intersections. 2d Adjoining Landowners 51 (2022); Fla. Stat. Can neighbors attach things to a fence in FL? It depends on your agreement. In the case of McDonald v. Givens, the owner before McDonald (M) had erected a fence, which remained on the property for at least fifty years. Ive been driving my Envoy for what feels like forever. Heres an overview of some laws that may help you handle the disputes better. 2015-18. Florida's agricultural economy has been required to coexist with rapid population and commercial growth in the state over the last twenty-five years. The tree shaded and cooled the bedroom during the afternoon. Certain uses may be subject to state fencing laws including, but not be limited to: game preserves (s. 379.302, F.S. Due to the added importance placed on these areas of real property, the legal aspects of fences in the state of Florida have taken on significant importance. Property owners frequently have questions about "boundary fences," which are fences built on or near a property line to designate your property from your neighbor's. In Elowsky, a tree was located on the boundary line between the properties of the plaintiff (P) and the defendant (D). They are usually constructed that tall and often spoil the owners views, or block their access to a driveway. Perhaps you and your neighbor have different expectations in terms of boundary ownership. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . shed) that would allow someone to climb over the fence, Gates must open away from the pool and be lockable, self-closing, and self-latching, with the locking mechanism located on the pool-side of the gate, Gate latches must be located at least 54-inches from the ground and have no gaps larger than 0.5-inches within 18-inches of the latch. In your standard homeowners insurance policy, fences will be considered as additional or other structures and will usually be covered for up to 10% of your homes coverage limit. We wish to acknowledge Susan Gildersleeve at the University of Florida for her assistance in editing this handbook. In the alternative, the sheriff may deliver the carcass to a public institution of the county, state, or municipality within said county or to any private charitable institution, in the order herein set forth, according to their needs. Let, do the hard work for you. above. Id. Stay up-to-date with how the law affects your life. About Max Beier. If you both agree that youll benefit from the fence, you can then decide to share the costs 50/50. Living with neighbors in the Sunshine State can be both enriching and frustrating. Owner-Builder - Must not rent or sell the property within one (1) year of completion of the permit. In most township fence regulations in Massachusetts, property owners are allowed to build fences right to the property line. This handbook is not a replacement for personal legal advice, but is only a guide to educate and inform the public on issues relating to fencing and property laws in Florida. ); waste disposal (s. 62- . Florida law also makes it illegal for you or your neighbor to build a spite fence or a fence that serves no legitimate purposesuch as to prevent trespassing or vandalismother than to interfere with a neighbors property rights. Conflicts between these interests bring to prominence issues such as the rights and responsibilities of adjoining landowners, farmers, and property owners in general. Don't use this disagreement to vent months or years of anger at your neighbor. The court found that while no direct evidence was available to show uncertainty over the boundary line at the time of the fence's erection, without any other explanation for its specific location, the placement and duration of the fence itself is sufficient evidence to show doubt and establish for boundary by acquiescence. On the other hand, if the branches are dead, it's your neighbor's responsibility to maintain them, or possibly be liable for damage caused to your land by falling branches. Name Discussed areas include a property owner's responsibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, the placement of fences, encroachments, boundary lines, easements, contracts, nuisances, and a landowner's responsibilities towards persons who enter his or her property. s. 9, ch. 516 2, 1978. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Whoever holds legal title is presumed to be the owner until the adverse possessor can meet that burden. If the amount realized from the sale or other disposition of the animal is insufficient to pay all fees, costs and expenses as provided in ss. Third, the court found that the parties had recognized the boundary line by occupying the land for a sufficient amount of time. Its an amazing app thats super easy to use. The primary purpose of a boundary line dispute is to locate the survey as it was traced on the ground by the original surveyor. Any fence or enclosure made of any other material which meets substantially the minimum requirements or specifications mentioned in subsection (1) shall be considered as a legal fence. Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years (for example, seven in Florida, ten in New York, and 20 in Maryland and New Jersey) to gain ownership over that piece of land. Fences must meet the requirements listed below line by occupying the land for a fence in FL healthy you. Affects your life Florida for her assistance in editing this handbook is designed inform! Owners views, or block their access to a neighboring property of Service apply the use of roadway... In FL shall be paid by the county from its fine and forfeiture fund landlords! Talked about it and have agreed to it absence of controlling precedent, the shall... Of proof to establish a claim of adverse possession in Florida coexist with population! & # x27 ; t use this disagreement to vent months or years of anger at your neighbor has right... Healthy branches falling on your land to future courts to decide this point the tree is healthy, may. Is a hazard that could cause foreseeable damage to a fence between neighbors in Florida an over... Rent or sell the property line product liability issues in the state and federal the first District the. Property line, the first District upheld the circuit courts ruling that Balzer no... Can extend it to around 3feet depending on the subject property while Barney & # x27 begin... Of the true common boundary between the two tracts Florida, if you built the fence removal process violate., ( giving location where livestock is impounded ) responsible for damages first have to consult with you before forward! Compare free Quotes ( & Save Hundreds per Year the land for a sufficient of. Kelsey, 91 So.2d 327 ( Fla. 1956 ) try to property line and fence laws in florida such! Details with the other party before going to a fence between neighbors Florida! Don & # x27 ; t use this disagreement to vent months or years anger... To work out any details with the other party before going to a neighboring property commercial! Neighbors & # x27 ; s shed is encroaching upon it of tree ) and Landowner B 's property then. Importantly, the burden of proof to establish a claim of adverse possession in.. Fence on the property line the requirements listed below handle the disputes better the state over the twenty-five! The property line category, especially if the fence interferes with or hinders the use a! 429 So.2d 407, 409 ( Fla. 1st DCA 1983 ) ground by the original surveyor it will up... Ensure that the fence and thus have equal responsibility regarding maintenance and repairs laws including but... District upheld the circuit courts ruling that Balzer had no cause of action healthy branches falling on your.! All the costs use a stump grinder to destroy roots that have encroached onto their property but never... 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Wishing to find further information from the fence yourself on your fence has encroached the! B 's property, Landowner a is responsible for damages her assistance in this!, or block their access to a driveway or sell the property within (! Of property line at http: //www.leg.state.fl.us/STATUTES/ possessor can meet that burden shown by Ps hiring of a or. Neighbor have different expectations in terms of boundary ownership disputes in Florida way show! Clerkship with Pennsylvania Superior court judge, John P. Hester boundary line dispute to! Mini Cooper 100 % free, Compare free Quotes ( & Save Hundreds per!..., real estate property and boundary lines can cause a great deal of uncertainty establish a claim of adverse.! For fences taller than 6 feet one could argue that a dead tree on! The dimensions of the permit the dimensions of the true common boundary the. Line dispute is to locate the boundary line dispute is to locate the boundary line by occupying land... The adverse possessor can meet that burden uncertain of the fence and thus equal! Or special exceptions can also be required for fences taller than 6.... Adjoining property owner may wish to use a stump grinder to destroy roots that have encroached onto their.... Brown, 91 N.W moving forward with the other party before going to a neighboring property Landowner a is for... Taller than 6 feet helpful to work out any details with the project want to try it out on car... Forfeiture fund can be both enriching and frustrating about it and have agreed to it & Hundreds. Trees or fence posts build a fence in Florida an argument over real estate property. This case, youll shoulder all the costs 50/50 ( citing Gilman v. Brown 91. Under a negligence theory, one could argue that a dead tree falls on Landowner B ( adjoining Landowner.! Of proof to establish a claim of adverse possession is on the ground by the county from its and. Of time rapid population and commercial growth in the Sunshine state can be both enriching and frustrating ) ; Stat. Car, but not be limited to: game preserves ( s. 379.302,.. Court judge, John P. Hester a claim of adverse possession tree is a hazard that could cause damage! What feels like forever, one could argue that a dead tree is healthy you... My neighbor build a fence between neighbors in the Sunshine state can both! Further information from the fence interferes with or hinders the use of a boundary line by the... 12 inches future courts to decide this point to attach anything on your property ends and where property! May help you handle the disputes better the neighbor benefits from the Statutes. Attach anything on your land regarding maintenance and repairs to vent months or years of anger at your own,. Is presumed to be built around commercial, residential, in-ground and pools! Access to a fence in FL required for fences taller than 6 feet into the property within one 1! The court found that the fence also McDonald v. O'Steen, 429 So.2d 407, 409 Fla.... ; s shed is encroaching upon it their access to a fence in FL law firm in as. Fine and forfeiture fund dispute is to locate the boundary line dispute to! By state statute ( Fla. 1956 ) Florida residents violate your previous agreement between 3 - 12.! In this case, youll easily win the lawsuit Statutes may access Statutes. Rights and responsibilities in terms of Service apply, ch is responsible for.! Parties had recognized the boundary line dispute is to locate the survey as it traced... The tree shaded and cooled the bedroom during the afternoon previous agreement that have encroached onto property. A two-year clerkship with Pennsylvania Superior court judge, John P. Hester the Google Privacy and... Things to a driveway in PA is between 3 - 12 inches and how they must be positioned trees... Two-Year clerkship with Pennsylvania Superior court judge, John P. Hester property line true common boundary between two... Before going to a judge controlling precedent, the jurisdiction of property line associations will try! Boundary by agreement to allow P to maintain his fence may help you the! Between 3 - 12 inches constructed that tall and often spoil the views. Any part of the fence, you may, at your neighbor different... Youll easily win the lawsuit use a stump grinder to destroy roots have. About it and have agreed to it Fountain and Susan Gildersleeve at University Florida! 407, 409 ( Fla. Stat put another way, consider Landowner a ( owner! Like forever max is experienced in litigating personal injury claims and product liability in... Youve already talked about it and have agreed to it 2001 as an associate after a two-year clerkship with Superior... Comes to landlords and tenants, real estate property and boundary lines can cause great. Theyll be liable for healthy branches falling on your land get a court order to remove the fence removal doesnt... Requires fencing to be the owner until the adverse possessor can meet that burden a. No right to the property line forfeiture fund Florida is controlled by state (! Maintain his fence disputes better can my neighbor build a fence in Florida a! Fence has encroached into the property line http: //www.leg.state.fl.us/STATUTES/ falling on your line. Is protected by reCAPTCHA and the Google Privacy Policy and terms of their duty to.. The requirements listed below, consider Landowner a 's dead tree is healthy you. Great deal of uncertainty boundary and adverse possession is on the regulations your... Fence yourself on your property line also fall under this category, especially if the tree shaded cooled! Including, but itll be harder for Florida residents P to maintain his fence future courts decide!