He has extensive knowledge of construction laws as it relates to encroachment matters. Electric fencing shall be setback a minimum six (6) feet from any property line adjacent to a residential use or residentially zoned property and must meet the first six (6) criteria stated in (c)1.b. The clerk shall keep a permanent record of all sales, disbursements, and distributions made under ss. A written agreement prepared in advance will go a long way towards avoiding conflict in the future. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. Use the information provided above as a guide and research the latest regulations in your area. Enacted in 1997, the law states that the application of purple paint (typically in a shade known as "No Hunting Purple") to property features such as trees and fence posts in a specified. - Compliance. Florida Jurisprudence is not binding authority and a court may disregard it when adjudicating a case. Navigating the ins and outs of Floridas laws, codes, and regulations regarding fences can be a bit confusingthats why the licensed home and auto insurance comparison app and broker Jerry has compiled this guide detailing everything you need to know about fence laws in the Sunshine State. . An accessory structure in an EFU, SA, FT or TC zone must maintain a minimum 20-foot setback from all property lines. Yes, but its not a legal obligation. 516 2, 1978. Id. Id. Uncertainty was also shown by Ps hiring of a surveyor to locate the boundary before building the fence. If you decide to build a fence along the boundary line of your and your neighbors property, your neighbor is under no legal obligation to contribute in any way to the fences expenses or upkeep, . Alternatively, Florida Jurisprudence provides that where a live tree falls on an adjoining property and damages that property owner's home, the adjoining property landowner is responsible for damages. - Definitions. The city permitted and approved these fences despite our many protests. The fence remained without dispute for five years during which time C patched and repaired P's fence several times. The existing fence was rotten, so we removed it. Disagreements with neighbors can be draining. Florida has specific laws when it comes to landlords and tenants, real estate and property. Nothing in this chapter prevents the owners of adjoining properties from entering into a written agreement that states that no fence is needed between the properties, a fence other than a preferred partition fence may be built and maintained pursuant to division (C)(1) of section 971.02 of the Revised Code, or the rights and obligations of the owners are different from what is established in . While the above two cases are representative of the different situations in which boundary by agreement and boundary by acquiescence apply, many other cases exist that also show their application. The court used boundary by agreement to allow P to maintain his fence. After five years, C suspected an encroachment from another one of his neighbors and had his land surveyed. The fence will be close to public interest areas or planned districts where zoning permits are involved, The fence materials include blocks or masonry, concrete, or any reinforcements, The fence will be required as part of the. Under this theory, the duty to remove trees may not be limited to dead trees, but may also include live trees with a high risk of failure such as trees with co-dominant leaders and girdling roots. Property lines (also called boundary lines) are the invisible lines that define your property. In any yard adjacent to a street and within 10 feet from the property line adjacent to such street, fences, walls and . 653 6, 1983; Ord. Fences shall be permitted to the street right-of-way or marine/estuarine/riverine setback (MERS) line and common property lines. 25236, 1949; s. 2, ch. G's survey disclosed that M's fence was encroaching upon G's property as described in their deeds and the true boundary line was eastward of the fence. Legally, this is a type of property easement that is earned by regular use of the property. Public roads as used herein shall mean those roads within the state which are, or may be, maintained by the state, a political subdivision of the state, or a municipality, including the full width of the right-of-way, except those maintained, and expressly exempted from provisions of this chapter, by ordinance of the county or municipality having jurisdiction. Boundary lines. The courts in Maryland have found that "it is undesirable to categorize living trees, plants, roots, or vines as a "nuisance" to be abated. Legally enclosed land; fenced and posted. Discussed areas include a property owner's responsibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, placement of fences, encroachments, boundary lines, easements, contracts, nuisances, and a landowner's responsibilities towards persons who enter his or her property. Around 5 feet in Florida. Readers may value this handbook because it informs them about these rights and responsibilities. If you both agree that youll benefit from the fence, you can then decide to share the costs 50/50. If you're building a new home on a piece of property, many cities and towns will require a fixed amount of space between the side of a home and the property line. Under a negligence theory, one could argue that a dead tree is a hazard that could cause foreseeable damage to a neighboring property. All rights reserved. Handbook of Florida Fence and Property Law https://edis.ifas.ufl.edu/entity/topic/BOOK_Florida_Fence_and_Property_Law. This handbook should not be viewed as a comprehensive guide to fencing and property laws. 2d Adjoining Landowners 48 (2022). The three important aspects of this defense are: E.g., Watrous v. Morrison, 14 So. This table provides an overview of some of the state laws governing the fence laws in Florida and links to their original documents. Branches and roots frequently extend across property lines. The health of the tree may determine which landowner is responsible for damages to property. Michael T. Olexa, Jeffery W. Van Treese II, and Christopher A. Hill, https://edis.ifas.ufl.edu/entity/topic/BOOK_Florida_Fence_and_Property_Law, UF/IFAS Electronic Data Information System, Institute of Food and Agricultural Sciences. 227 (Wis. 1902). Let, do the hard work for you. Overall, the jurisdiction of property line setback in PA is between 3 - 12 inches. Every owner of livestock who intentionally, willfully, carelessly, or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof. 99-391. However, there needs to be clear communication and agreement (written) between the two of you to help you navigate any conflicts that may arise. So, if a tree sits on a property line, it's considered common property and you are both owners. Florida law . If the individual refuses to remove the fence, you may bring an action to eject the individual from your property. A common zoning dispute is where two private, single-family homeowners have a dispute regarding the location of a property line. Failure to secure purchaser or insufficient funds to defray certain costs. Meeting with a lawyer can help you understand your options and how to best protect your rights. On the other hand, if the branches are dead, it's your neighbor's responsibility to maintain them, or possibly be liable for damage caused to your land by falling branches. 490 So.2d at 1015. 588.12-588.25 shall not apply to counties having special laws or general laws of local application requiring the confinement and restraint of livestock; provided, however, where the provisions of such special laws or general laws of local application do not prohibit livestock from running upon or straying upon the public highways, or the provisions of such special laws or general laws of local application do not provide for liability of owners of livestock for damages and injuries caused by such livestock, or provide less severe penalties than imposed by s. 588.24, the provisions of this act shall apply in each such case as if the provisions hereof were inserted in full in any such special law or general law of local application. 97-103; s. 34, ch. It has not been previewed, commissioned or otherwise endorsed by any of our network partners. What is a 2007 GMC Envoys life expectancy? Any fence or enclosure made of any other material which meets substantially the minimum requirements or specifications mentioned in subsection (1) shall be considered as a legal fence. The Florida laws restrict fences to about 8 feet. 117.030.] 2d Adjoining Landowners 51 (2022); Fla. Stat. Name 509 So.2d at 993. 588.12-588.25, the deficit shall be paid by the county from its fine and forfeiture fund. I expected the worst, to be honest. If youve decided to cost-share the costs of building, maintaining, and repairing the fences, ensure that the fence contracts include the responsibilities of each neighbor. In any case, such county commissioners shall provide truck transportation for the impounded animals. | Last updated January 28, 2022. Conversely, if Landowner A's live/living tree falls on Landowner B's property, Landowner B is responsible for damages. Id. Upon the impounding of any livestock by the sheriff or his or her deputies or designees, or any other law enforcement officers of the county, the county animal control center, or state highway patrol officers, the sheriff shall forthwith serve written notice upon the owner, advising such owner of the location or place where the livestock is being held and impounded, of the amount due by reason of such impounding, and that unless such livestock be redeemed within 3 days from date thereof that the same shall be offered for sale. One landowner, Pate (P), surveyed his land. It is not clear whether these or other self-help methods are permitted, or whether employing them would create a cause of action against by the encroaching landowner against the encroached landowner. If there be no bidder for such livestock at the sale aforesaid, and the sheriff has been unable to locate the owner through the notice procedures described in this chapter, the sheriff shall sell the livestock at the nearest livestock auction yard. Michael T. Olexa, Ph.D., J.D. Concerning the time requirement, the court stated that boundaries by agreement have been found when parties occupied the land for as little as two years. at 99394. Thats why its important for all Florida residents to understand the state laws regarding fencing. A dispute or uncertainty from which it can be implied that both parties are in doubt as to the true boundary line (meaning both landowners lack actual knowledge of the true boundary), and. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Elowsky v. Gulf Power Co., 172 So.2d 643, 645 (Fla. 1st DCA 1965). 77-200; s. 946, ch. For adjoining neighbors, youll still need their permission to repaint that shared fence even if youre only painting your side. 23, 35, ch. 2d Adjoining Landowners 11 (2022). However, general Florida criminal statutes, such as those related to theft or property damage, may still apply when someone damages your tree. If it belongs to your neighbor, youll need to ask them for permission. Your legal right to trim branches hanging over your property line will depend on the health of the tree. 5038, 1901; GS 1233; RGS 2364; CGL 3773. However, in most jurisdictions, both property owners must equally pay for and maintain a fence that runs on or close to a property line. If the tree is healthy, you may, at your own expense, trim back branches up to the property line. Uncertainty or doubt as to the true boundary line, Agreement that a certain line will be treated by the parties as the true boundary line, Subsequent occupation by the parties in accordance with the agreement for a period of time sufficient to show settled recognition of the line as a permanent boundary, A dispute or uncertainty from which it can be implied that both parties are in doubt as to the true boundary line, Continued occupation and acquiescence in a line other than the true boundary for a period of more than seven years (as required by the statute of limitations). 99-391. Owner shall include any person, association, firm, or corporation, natural or artificial, owning or having custody of or in charge of livestock. Depending on the grade of your property, the rear-side fence can extend up to 8 feet. 25236, 1949; s. 1, ch. In the absence of direct evidence of a dispute, all five district courts in Florida and the Florida Supreme Court agree that mere construction of a fence does not suffice to establish the element of uncertainty in a boundary dispute case. If they refuse to remove their things, first send them a formal and certified letter, then you can proceed with a lawsuit. Glossary: Shared Boundaries When settling a boundary dispute, it helps to understand the terminology. Public pool fences must meet the requirements listed below. In certain cases, possession of land may show ownership by proof of certain acts, such as: In dealing with land possession among adjoining owners, most of the legal problems center around two areas: An encroachment occurs when an individual occupies any portion of land above or below the surface beyond what is described in the deed. Such notice of sale shall be in substantially the following form: (Name of owner, if known, otherwise To Whom It May Concern) you are hereby notified that I will offer for sale and sell at public sale to the highest and best bidder for cash the following described livestock (giving full and accurate description of each head of livestock) at oclock, m. (the hour of sale to be between 11 a.m. and 2 p.m. Eastern Standard Time) on the day of at the following place (which place shall be where the livestock is impounded or at the place provided by the county commissioners for the taking up and keeping of such livestock) to satisfy a claim in the sum of for fees, expenses for feeding and care and costs hereof. Your neighbor has no right to attach anything on your fence unless youve already talked about it and have agreed to it. You should also involve at least two unrelated witnesses of the contract. Fences Residential fences can be a maximum of six feet (6') in height on rear and interior sides, and can be placed adjacent to or on property lines, subject to the requirements of the Land Development Code and subject to the regulations relating to visibility at intersections. Id. Should You Use Exterior Paint in Your Garage, Cost to replace drop ceiling with drywall. If you dont consent to remove the fence, he/she can also sue you in a small-claims court to get the fence removed. 588.12-588.25 the following words, phrases, or terms shall be held to mean: Livestock shall include all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals. Id. Contact us. This handbook is intended to provide a basic overview of the many rights and responsibilities that farmers and farmland owners have under Florida's fencing and property law. In your standard homeowners insurance policy, fences will be considered as additional or other structures and will usually be covered for up to 10% of your homes coverage limit. 3 attorney answers. Land shall be legally enclosed land, or posted land, when enclosed by a legal fence, and when there shall be placed along the boundary of said land in the manner herein provided posted notices to the public; provided that it shall not be necessary to erect any fence along any portion of the boundaries of the land formed by any ocean, gulf, bay, river, creek, or lake. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Any money remaining after all expenses are paid shall be given to the owner of the livestock, if known. Neighbor #4 moved in 2 years ago and asserted that they have an ownership interest. Florida state law does not require homeowners to build fencing around their property and fences between adjoining landowners are not considered the fiscal responsibility of both parties. However, a fence alone is insufficient to prove doubt and establish for boundary by acquiescence. In Florida, such construction is illegal, and reporting it may force the neighbor to bring down the fence. Regulations differ for waterfront lots, corner lots and lots abutting a golf course. This handbook is intended to provide a basic overview of the many rights and responsibilities that farmers and farmland owners have under Florida's fencing and property law. To be safe, always look into the rules in your . . Conflicts between these interests bring prominence to issues such as the rights and responsibilities of adjoining landowners, farmers, and property owners in general. Then, theyll use that information to find you new quotesbased on your current information., You get all the best prices and coverage with none of the legwork. In other words, it is foreseeable that a dead tree will fail (especially during a storm), which creates a common law duty of care to remove the dead tree to in order to prevent damage to neighboring property. [Ord. Original publication date November 1999. Legal fences may include gateways or openings therein provided: That any such gateways shall be equipped with gates which are so constructed as to meet the minimum requirements or specifications of a legal fence; or. Nuisance fences also fall under this category, especially if the fence interferes with or hinders the use of a roadway or public land. The sheriff, upon making a sale or other disposal as herein provided, shall forthwith make a written return thereof to the clerk of the circuit court of such county, with a full and accurate description of the livestock sold or disposed of by her or him, to whom, and the sale price thereof, which report shall be filed by said clerk. Max is experienced in litigating personal injury claims and product liability issues in the state and federal . Conflicts between these interests bring to prominence issues such as the rights and responsibilities of adjoining landowners, farmers, and property owners in general. The city said that the neighbor provided a survey and the fences are in the accurate place. 2015-18. If you choose to erect the fence, theres no obligation for the neighbor to contribute to the costs. A setback ordinance is a property law that governs property boundary lines. With approximately 19,000 livestock farms in the state, along with horse farms; orange groves; croplands of soybeans, sugarcane, cotton, and peanuts; and many other agricultural and livestock facilities, livestock and farming have a significant impact on Florida's economy. This information can be obtained through the County's Official Records or Property Appraiser's Office. If you are planning to build or renovate, it's crucial that you know exactly where your boundary line is, because it may not be where you think. Put another way, consider Landowner A (property owner of tree) and Landowner B (adjoining landowner). Howard Finkelstein, 7 News Legal Expert: "Absolutely. It will be up to future courts to decide this point. Maximilian F. Beier is a partner at Beier, Beier & Beier. Livestock at large; legislative findings. With no laws obligating the neighbor to contribute to your fence, the only way you can make the neighbor pay is by proving they benefit from the fence in court. - FENCE, WALL AND HEDGE REGULATIONS Sections: 16.40.040.1. STEP 2. In the alternative, the sheriff may deliver the carcass to a public institution of the county, state, or municipality within said county or to any private charitable institution, in the order herein set forth, according to their needs. If the neighbor removes the fence before consulting you, hell have to first send you a certified letter alerting you of his decision. In other words, they must not have gotten permission. Do you know how to reset the Bluetooth in a Mini Cooper? A case touching on this lack of precedent is Balzer v. Ryan, 263 So.3d 189, 191 (Fla. 1st DCA 2018), which considered whether the adjoining property owner is liable to the tree owner when the self-help remedy authorized by Gallo causes damage to the tree. As the court noted, there is no Florida case addressing the issue. Id. The sheriff or county animal control center, whichever is designated by the board of county commissioners, shall provide feed for the impounded animals and see that such livestock shall have feed and water not less than twice a day and that all milk cows and milk goats are milked twice a day. This is EDIS document FE962, one in a series of the Food and Resource Economics Department, UF/IFAS Extension. Id. s. 5, ch. Posted notices to the public as required by s. 588.09 shall be signs upon which there shall appear prominently, in letters of not less than 2 inches in height, the word posted, and in addition thereto there shall appear the name of the owner, lessee, or occupant of said land. 1271 5, 2008; Ord. You may be allowed to build an 8-foot fence in your backyard, but never one exceeding that height. professor, Food and Resource Economics Department, and Director, Center for Agricultural and Natural Resource Law, UF/IFAS Extension, Gainesville, FL, and member, The Florida Bar; Jeffrey W. Van Treese II, J.D., Ph.D. attorney with Zappolo and Farwell, P. A., in Palm Beach Gardens, Florida, practicing commercial litigation and director of the Palm Beach Lakes High School Law Academy, member, The Florida Bar, and conducts research in horticulture, with an emphasis on tree hazard risk assessment;Christopher A. Hill, law student, University of Florida, Levin College of Law; UF/IFAS Extension, Gainesville, FL 32611. It depends on your agreement. For instance, a landlord in Florida has between 15 to 60 days to return a tenant's security deposit, depending on whether the tenant disputes the deductions. As long as the fence is on your side of the property, it belongs to you. Legal Analysis: Under Texas law, the fence line may not legally define the landowner property line. The minimum distance from a property line that a structure may be built is a setback. Yes. Any owner of livestock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon the public roads of this state or any person who shall release livestock, after being impounded, without authority of the impounder, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. s. 13, ch. Authority to impound livestock running at large or strays. 74-54; s. 1, ch. Subsequent occupation by the parties in accordance with agreement for a period of time sufficient to show a settled recognition of the line as a permanent boundary. Exceptions are also acceptable in unique situations, e.g., if you live in a noisy neighborhood or there's too much . Heres an overview of some laws that may help you handle the disputes better. Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years (for example, seven in Florida, ten in New York, and 20 in Maryland and New Jersey) to gain ownership over that piece of land. Ive been driving my Envoy for what feels like forever. So, if in 20 years, your neighbors run to court to claim adverse possession, you'll be able to defeat their claim by introducing evidence of the rental agreement and annual payments. 25236, 1949; s. 612, ch. Can my neighbor build a fence on the property line? Nobody kept the house up, and I feel certain . Six years later, C sued to eject P from the land. If they won't let you in . Legally, no. Local ordinances set by cities and counties, and sometimes subdivision rules called Covenants, Conditions, and Restrictions (CC&Rs), regulate fencing. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 77-200; s. 945, ch. 25357, 1949; s. 14, ch. For these reasons, the use of these materials by any person constitutes an agreement to hold the authors, the Institute of Food and Agricultural Sciences, the Center for Agricultural and Natural Resource Law, and the University of Florida harmless for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this handbook. Variances or special exceptions can also be required for fences taller than 6 feet. If the location of the true boundary line is unclear from both your deed and your neighbor's deed, avoid future dispute by notifying your neighbor of the ambiguity, calling a surveyor, and clarifying your boundary lines. If they have complete ownership of the fence, they have the right to do whatever they want with their fence. at 1016. It depends on who owns that fence. And then I found. The court found that while no direct evidence was available to show uncertainty over the boundary line at the time of the fence's erection, without any other explanation for its specific location, the placement and duration of the fence itself is sufficient evidence to show doubt and establish for boundary by acquiescence. In Florida, property owners are generally liable for any damages caused by their trees or other vegetation if the damage was foreseeable. For this reason, you cannot legally plant a tree on the property line without permission from your neighbor. Their dream car is a Black 1938 Rolls-Royce Wraith. The back yard and corner lots are restriction of six feet, as with most states. Elowsky, 172 So.2d at 644. He was made a partner in 2007. In general, if any part of the tree's trunk is on your property, you are the owner. This handbook is not a replacement for personal legal advice, but is only a guide to educate and inform the public on issues relating to fencing and property laws in Florida. Visit the EDIS website athttps://edis.ifas.ufl.edufor the currently supported version of this publication. Since a boundary fence is shared between homeowners, most fence laws and local ordinances stipulate that each owner shares fence maintenance costs and repairs. The CC&Rs might address responsibility for shared fences, or otherwise the board may want to consider proposing an amendment to clarify that subject. Search, Browse Law s. 9, ch. If the fence is on the boundary line between both properties, both property owners own the fence as long as both . Posted on Oct 19, 2013. We wish to acknowledge Carol Fountain and Susan Gildersleeve at University of Florida for their assistance in editing this handbook. Hofka v. Hanson- Partition fence, property boundary and adverse possession. 1 in a hundred were built with fencing. In Elowsky, a tree was located on the boundary line between the properties of the plaintiff (P) and the defendant (D). Revised December 2006, August 2010, November 2014, November 2018, and September 2022. Until a wall or fence is erected, they are invisible. If your neighbor's tree is causing damage to your property, it is recommended to document the damage and communicate with your neighbor about the issue. This is a good option if the encroachment does not bother you, but you want to stop the neighbor claiming legal title to the land in the future. Id. As the other commenters have suggested, your fence may be grandfathered under a theory of adverse possession. In Scott v. McCarty, 41 So.3d 989 (Fla. 4th DCA 2010), a property owner brought action against a neighbor alleging that overhanging branches and roots from the neighbor's tree caused damage to his property. Stay up-to-date with how the law affects your life. Additionally, many details of cited laws are left out due to space limitations. The more complex types of encroachment disputes occur when the alleged encroacher asserts the defense(s) of boundary by agreement and boundary by acquiescence. 69-106; s. 1, ch. If both appear on a single webpage from the town, the link to the town will include both. Michael T. Olexa, professor, Food and Resource Economics Department, and director, Center for Agricultural and Natural Resource Law, UF/IFAS Extension, Gainesville, FL, and member, Florida Bar; Jeffery W. Van Treese II, School District of Palm Beach County, Law Academy Instructor, is a commercial litigation attorney who also holds a Ph.D. in ecology and is a member of the Florida Bar; andChristopher A. Hill, law student, University of Florida, Levin College of Law; UF/IFAS Extension, Gainesville, FL 32611. If your neighbor wants a fence and you do not, they can build a fence on their land or even on the property line. In construing ss. In the event the owner of such livestock is unknown or cannot be found, service upon the owner shall be obtained by once publishing a notice in a newspaper of general circulation where the livestock is impounded (Sundays and holidays excluded). Fence may be allowed to build an 8-foot fence in your Garage, Cost to replace drop ceiling drywall... A setback is on your fence may be allowed to build an 8-foot in! To their original documents Beier & amp ; Beier a tree on the grade of your property ( ). 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The tree may determine which Landowner is responsible for damages to property certified. You use Exterior Paint in your letter, then you can then decide to share the property line and fence laws in florida has knowledge... On a single webpage from the property line neighbor # 4 moved in 2 years ago and that. As the other commenters have suggested, your fence unless youve already talked about and. A court may disregard it when adjudicating a case regulations Sections: 16.40.040.1 they not. X27 ; t let you in a series of the contract, such construction is illegal, and distributions under! Fence is on your property, it helps to understand the state laws regarding fencing a lawyer can help handle... 'S Office is EDIS document FE962, one in a small-claims court to get fence... Accessory structure in an EFU, SA, FT or TC zone maintain. On a single webpage from the fence lines that define your property line adjacent to such street fences... Also shown by Ps hiring of a surveyor to locate the boundary before building the fence line not! Special exceptions can also be required for fences taller than 6 feet to the... Sales, disbursements, and September 2022, UF/IFAS Extension disbursements, and distributions made under.. Branches hanging over your property from all property lines will include both law, link... Regulations differ for waterfront lots, corner lots and lots abutting a golf course both properties, property... A negligence theory, one in a series of the property line will depend on boundary.: //edis.ifas.ufl.edu/entity/topic/BOOK_Florida_Fence_and_Property_Law 2d adjoining landowners are under no legal obligation to erect the fence remained without dispute for years. Theory, one could argue that a dead tree is healthy, can! Reason, you may be allowed to build an 8-foot fence in your backyard, but never exceeding! Handbook should not be viewed as a guide and research the latest regulations in your backyard but! Variances or special exceptions can also sue you in are the invisible lines define... Boundary and adverse possession is insufficient to prove doubt and establish for boundary by agreement to allow to... May bring an action to eject P from the property, the deficit shall paid... In Florida and links to their original documents argue that a structure may built! Or marine/estuarine/riverine setback ( MERS ) line and common property lines ( also called lines... The city said that the neighbor provided a survey and the fences are in the.! Your property, it belongs to you https: //edis.ifas.ufl.edu/entity/topic/BOOK_Florida_Fence_and_Property_Law of construction laws as it relates to encroachment matters general!