Living in the Sunshine State often means enjoying close-knit communities and beautiful outdoor spaces. However, nothing sours a neighborhood relationship faster than a disagreement over where one property ends and another begins. Whether it is a newly installed fence, a driveway extension, or an overhanging tree, boundary disputes are a common and stressful part of Florida real estate law.
At The Law Office of Rocky Rinker, we know that your home is your most significant investment. When a neighbor encroaches on your land, it is not just a nuisance. It can cloud your title and impact your property value. Here is the legal roadmap for resolving boundary disputes under Florida law.
1. Start with a Certified Survey
In Florida, many disputes arise from informal boundaries. These might be a hedge that has been there for twenty years or a rusted iron pipe in the ground. To resolve a dispute legally, you must move past guesswork.
The first step is hiring a professional land surveyor to conduct a Boundary Survey. This surveyor will use the legal description found in your deed to mark the exact corners of your property. In many cases, simply showing a neighbor a certified survey is enough to settle the matter without further legal action.
2. Understand Key Florida Legal Concepts
If a survey does not settle the score, Florida law applies several specific doctrines to determine ownership:
Adverse Possession
You may have heard the term “squatter’s rights.” In Florida, if a neighbor occupies a portion of your land for at least seven years in a way that is open and hostile, they may attempt to claim legal title. However, Florida has strict requirements for this. This includes the payment of property taxes on the disputed land or possession under “color of title.”
Boundary by Acquiescence
If both neighbors have treated a certain line (like a fence) as the boundary for a long period, even if that line is technically incorrect according to a survey, a Florida court may rule that the line has become the legal boundary. This typically requires a seven-year period of recognition.
Boundary by Agreement
If two neighbors are unsure of a boundary and mutually agree on a line, that agreement can become legally binding. This applies when both parties act as if that line is the true boundary.
3. The Role of Mediation
Florida courts often require parties to attempt mediation before a lawsuit can proceed to trial. Mediation is a less adversarial process where a neutral third party helps both neighbors reach a compromise. This is often the best path for preserving a neighborly relationship and avoiding the high costs of prolonged litigation.
4. Quiet Title Actions and Ejectment
If informal talks and mediation fail, you may need to file a formal lawsuit.
Quiet Title: This is a legal action used to settle challenges to your ownership. The court issues a clear decree stating exactly where the boundary lies.
Ejectment: If a neighbor has physically built a structure on your property and refuses to move it, an ejectment action is the legal mechanism used to remove the encroachment.
5. Why You Need a Florida Real Estate Attorney
Property lines are governed by a complex mix of deed history and local ordinances. Attempting to handle a dispute yourself can lead to errors. For example, tearing down a neighbor’s fence can result in you being sued for damages.
A qualified attorney like Rocky Rinker can review your title insurance policy and analyze your survey. We help you negotiate from a position of strength.
A boundary dispute does not have to be a permanent headache. By taking swift legal action, you can protect your property rights and restore peace to your backyard.
Are you dealing with a neighborly disagreement over property lines? Do not wait for the seven-year clock to run out. Contact The Law Office of Rocky Rinker today for a consultation. We provide the clear and aggressive legal representation needed to protect your Florida home during boundary disputes.