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How to resolve a boundary dispute in Florida

On Behalf of | May 26, 2022 | Real Estate Litigation |

There is a statute of limitations on boundary disputes, so you should handle them promptly. You typically have up to seven years to raise a real estate lawsuit over boundary disputes in Florida.

Adverse possession

Florida law states that a person gains adverse possession of property when the property owner doesn’t take action to stop the infringement. If a neighbor constructs a fence on your property, and you ignore it for over seven years, then the law recognizes them as the new owner because of adverse possession.

Talk with your neighbor

You don’t need to jump straight to real estate litigation in these situations, but you should immediately inform your neighbor with documents as proof that the land is yours and request that they move their belongings off of your side of the land. Documents you should gather include the deed, property survey, plat map and title insurance paperwork.

You may give them some time to consult with a professional of their own to confirm they infringed on your property line. Make sure that you don’t let too much time pass by. You want to ensure that you protect your property rights. When attempts to resolve the issue outside of court fail, you’ll need to take more official legal action to have a judge enforce your boundary rights.

Two types of boundary lawsuits

Florida has ejectment and declaratory judgment lawsuits for boundary disputes. Ejectment is when trespassing is continuing on your property. The court could order the trespasser to immediately stop going onto your property and to remove all of their possessions from your property. Declaratory judgment lawsuits are for determining exact property lines and ownership.

Most property disputes are resolvable by talking to your neighbor or the other person you’re having an issue with. You can show them the proof that it’s your land to support your claims. It’s only in rare instances that you would need to go to court.