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I live in Bryceville, Florida and have a neighbor that is…

I live in Bryceville...

I live in Bryceville, Florida and have a neighbor that is intentionally growing shrubs and trees on my 6ft wood picket fence. It has gotten to the point where the shrubs and vines are knocking out the pickets effectively destroying the fence. There is also a 4ft chicken wire fence on the other side of the 6ft fence from my property which belongs to me as well and it is my belief they are dismantling that fence and burning it. What recourse do I have?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None, I spoken to them thats about it.

Lawyer's Assistant: Have you talked to a FL lawyer about this?

I have not.

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

Just what my rights and responsibilities are, thanks

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Answered in 1 minute by:
5/4/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,822
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Your neighbor has no legal right to damage your property or encroach on it and if they are, a demand can be made for them to 1) remove it and 2) repair it. If they refuse, you can sue them for the damage caused. I say this because they have a duty to maintain the shrubs and vines which they plant and if they fail to do so and it is damaging your fence, they are liable.

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Customer reply replied 3 months ago
OK, that makes sense so can you tell me how I proceed against them?

You can start by speaking with them or writing a demand letter, that the shrubs be 1) removed and 2) the repairs be made, for the damage which they caused, to your fence. If they refuse, you can get a few estimates, as to the cost of repair and use these, to make a demand for the money which you seek and/or pay, to fix the repairs and sue them for it, showing that they are the cause of the damage. Depending on the amount, this could be something you file in small claims court.

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Customer reply replied 3 months ago
I've already spoken to them with regard to the fence and its damage but they continue, do I just go to small claims or are you saying part of the paper trail should involve sending the request to cease and repair along with the estimates?
I think it is always best to document this with photos or video and bring in a company to assess it and determine what the cost of repair is. After all you need to know how much you want to sue for so you need an estimate for the damages. This way if you sue you can show the judge a good faith effort has been made to try and settle this.
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,822
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Customer reply replied 3 months ago
Very good, you've been a great help, Thank you!
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