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I reside in Floida (Jacksonville), and am inquiri)ng on

Customer Question
I reside in Floida...

I reside in Floida (Jacksonville), and am inquiri)ng on behalf of my father's residential property (he is 93 with Alzheimer's and I am his son and trustee)

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida. Question is:

Lawyer's Assistant: Has anything been filed or reported?

No. The question is 1) What action can be taken if a neighbor builds a fence on your property and 2) does it matter if there is a city easement on each side of the fence?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No except that the neighbor is a commercial property and they were cited because a prior border fence did not meet city code (they are apparently required to provide a back yard privacy border between their business and the residential neighbor behind them, but unfortunately, when they rebuilt the fence, they placed it ~ 1 foot and four inches onto my father's property (I have checked the survery)

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/28/2017
Real Estate Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,356
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

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Real Estate Lawyer: Loren, Lawyer replied 3 months ago

First, if the survey is old, you may want to have it updated or even get a new boundary survey to show the fence encroachment and confirm your suspicion.

If the new survey confirms the encroachment, send a demand letter to the neighbor giving then 10 days to remove the encroaching sections of the fence back to their property. If they do not then your father can hire someone to remove it from his property himself at the neighbor's expense.

Send a demand to the neighbor for the cost of removal. If they refuse to pay your father will need to sue. If the claim does not exceed $5000, he can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If your father would rather use an attorney and needs help finding one, try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Also, The Florida Bar maintains an excellent online referral program:

FLORIDA BAR ATTORNEY REFERRAL

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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