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Property Line Disputes

They say good fences make good neighbors, and in the case of Florida property line disputes, this applies to all kinds of boundaries.  A property line dispute can be a sensitive subject.  After the resolution, you'll most likely have to continue to live next to the other party.  A Florida attorney experienced in laws regarding property lines can help you negotiate this tricky topic and keep you and your neighbor on good terms.

Tree Damage and Maintenance Issues

In many ways, Florida state law favors the homeowner over the mortgage lender. One of the principle examples of this is the fact that the law requires the lender to carry out a judicial foreclosure. What this means to you is that the bank cannot simply foreclose on the property and evict you from your home. Instead, they must sue you in court and prove that the case is valid before you can lose your house. Under the 20-day rule, you have 20 days after you have been served with a summons and lis pendens (Latin for “pending lawsuit”) from the bank to hire legal representation to begin working on a strategy for defending your home from foreclosure. Your lawyer's job is to make it difficult or even impossible to prove that you are actually in default or that the bank even owns the mortgage and has the right to foreclose.

If at any time before the foreclosure sale you can come up with the necessary funds to satisfy the default amount, you can stop the foreclosure by paying this amount to the bank. This is referred to as your “right of redemption,” and it is one of your most important rights when fighting a foreclosure. It expires at the moment that the property is sold to another party, but even then you may still be able to turn the situation around. By proving – within 10 days – that the bank made errors in carrying out the instructions contained in the court order for foreclosure, you may be able to reclaim the property from the bank. To learn more about the process and to take action on a defense strategy, contact us now.

Fence

A property owner has a right to enjoy their property, which may include putting up a fence or other boundary marker in between your property and any adjoining properties.  Before erecting any fence or other structure on a property line, be sure that you know the boundary to your property.  Many times this will be found in the deed or documentation provided when you first purchased your property.

Survey

If your deed does not contain the appropriate property line description, or if there is a dispute as to the accuracy of the information, you may wish to have a survey of your property conducted by an appropriate government representative.  A survey can help identify property lines and resolve disputes by identifying the formal boundary between your property and that of your neighbor.  Things to consider before ordering a survey include who will pay for the cost of the survey and are you prepared to make modifications to your building plan or move structures or other items in the event you're found to be encroaching on your neighbor's property?

As you can see, the issues involving property line disputes in Florida can be complex.  Who is liable for damage caused by fallen trees, tree and brush maintenance and fence and survey issues are only a few issues that can create animosity between you and the owner of the adjoining property.  In the event of a property line dispute, you should consider contacting a qualified Florida attorney to help identify all of the legal issues and pitfalls that may arise.

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