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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29098
Experience:  30 years of real estate practice experience.
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I have a 4 yr old fence that has been extremely damaged by

Customer Question

I have a 4 yr old wood fence that has been extremely damaged by the neighbor building up soil with planting seeds abating the fence. He also planted 3 trees ,1 of which has grown through the base of the fence causing damage. He has also attached a 30 ft arbor to my fence with screws causing damage. He refuses to make repairs.what is my best course of action? We have a sale contract on our home and the buyers want the fence repaired or replaced which will be in excess of $2500.The damage is extensive and I have photos and video as proof
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

The neighbor is liable for damages to your fence due to their encroachment and trespass. This is true for encroaching roots from trees they a have planted and fences they have attached to your fence without permission (so ong as your fence is not encroaching ileegally on their property).

Expert:  Loren replied 1 year ago.

You can sue them in small claims court for the cost of your repair and any other damages. Small claims court is designed to be user friendly so that you can present a claim without an attorney. Also, it moves much more quickly than regular court.

Expert:  Loren replied 1 year ago.

With regard to your buyer, you can negotiate a holdback to be held in escrow for the purpose of effecting repairs and then disburse the holdback when the small claims case is resolved.

Expert:  Loren replied 1 year ago.

Are you online with me?

Expert:  Loren replied 1 year ago.

BTW, the Florida statute of limitations for trespass is 4 yrs from the date of the trespass.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

Are you there?