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Our next door neighbor hit our motor vehicle. we are

Our next door neighbor...

Our next door neighbor hit our motor vehicle. we are renting. we had the property surveyed. The neighbor has put her gate over her property line and onto this property. She refuses to move it. We want a fencer to install a fence. can we remove the lock from her gate which is on this property and move it out of the way to install our front fence between the property

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

We had the land surveyed. The surveyor stated that her entire fence beside the property is on our side of the property line. We sent the neighbor a certified letter return receipt requested. We sent the owner of the property a certified letter return receipt requested. They ignore my requests and say that it is "bullshit" and it is in my head.

Lawyer's Assistant: Where is the land located?

8399 91st Terrace, Seminole, Fl 33777

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

The neighbor has harassed us on many occasions. She plays loud music, makes loud noises, curses and ran the neighbor off out back because of her obscenities. The vehicle being hit was over the top.

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Answered in 2 minutes by:
5/21/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,329
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.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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If you are sure the fence or gate encroaches on your property, and the neighbor refuses to remove it back behind their own property line, you can have it removed from your property, to the extent you can do so without trespassing.

Then you can sue them for the damages, including the cost of removal, of the trespass.

If the claim does not exceed $5000, you 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 (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.

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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,329
Experience: 30 years of real estate practice experience.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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