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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37367
Experience:  16 years real estate, Realtor. Landlord 26 years
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My Neighbor in high density old town Key West has nailed

Customer Question

My Neighbor in high density old town Key West has nailed shut the gate that bridges our two properties so I cannot get to one side of my home at all. The neighbor says the former owner of my house erected the gate - it is attached to my house-- three years ago. I don't know if that's true, but he didn't nail it shut. The two houses are maybe not quite 4 feet apart at the closest part. My property is surveyed and has about one and a half feet on that side of the house. We need to get to it to replace the Windows. Since the fence is actually bolted to the fascia of my house, can't I take it down? Or at least take my portion down? and if my prior owner erected it - it is about half on their property so why shouldn't I be allowed to take the whole gate down?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has the neighbor nailed the gate shut to keep you from coming on his side of the gate onto what he says is his property?

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Is the fence that you want to take down entirely on your property?

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Do you know who actually put the fence up originally?

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thanks

Barrister

Customer: replied 1 year ago.
the neighbor nailed it shut, but about half of a part is my property. The neighbor says the former owner of my house erected it - it is attached to my house - In 2013-14. but he didn't lock it or make it immobile. This is the highest density historic old town Key West FL where many properties are very close and share the in between space. My contractors will stay on my property ~ I must have the right to maintain that side of my house, yes?
Customer: replied 1 year ago.
No it is not all on my property but not attached to the other
Customer: replied 1 year ago.
Hello?
Expert:  Barrister replied 1 year ago.

Just a few moments while I type a response...this isn't an instant process.

Customer: replied 1 year ago.
Oh sure I just didn't know if u were there/ thanks
Expert:  Barrister replied 1 year ago.

Ok, thank you for that information. The issue here is whether you have an easement to enter the neighbor's property to maintain your own side. If not, and the fence is on the property line, then the neighbor doesn't have to allow you to enter his property, even to maintain your own.

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But if there is a gate the crosses over both properties, and the previous owner of your home installed it, then it is your gate and is your personal property. So you have the right to remove it and do whatever you want with it. If you can remove it and it gives you enough room to work on your property while still staying on your land, then that will solve the problem.

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If not, then considering the high density of the area, there might be some local ordinance that allows one owner to enter another owner's land for maintenance like this considering the close proximity of the houses. I would suggest contacting the local Planning and Zoning office to see if there is any local ordinance or rule that allows this.

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thanks

Barrister

Customer: replied 1 year ago.
Good answer- thanks
Expert:  Barrister replied 1 year ago.

You are very welcome. Happy to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

Customer: replied 1 year ago.
certainly
Expert:  Barrister replied 1 year ago.

Much obliged..