Real Estate Law
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Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you.
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).
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.
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.
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BTW, the Florida statute of limitations for trespass is 4 yrs from the date of the trespass.
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