Boundary disputes can happen for any number of reasons, from genuine misunderstandings to frustrating disagreements between neighbors on where the boundary line lies. When disagreements occur, these issues can be stressful and even lead to legal action.
Here are four common types of boundary disputes that Florida property owners may encounter.
1. Adverse possession
If a party has been occupying a portion of land that technically belongs to someone else for an extended period, they may claim legal ownership of that land through adverse possession. In Florida, the requirements for adverse possession include:
- Continuous use of the property for at least seven years;
- Payment of property taxes on the disputed land; and
- Clear intent to possess the property.
2. Encroachment
If a neighbor builds a structure or extends their property onto your land through improvements such as a fence, driveway or shed, this is known as encroachment. Encroachments can lead to disputes over the rightful use and ownership of the affected area. Resolving these issues often involves property surveys and legal negotiations to determine whether the encroachment must be removed or if an agreement, such as an easement, can be reached.
3. Undisclosed easements
These happen when the previous property owner grants someone the right to use a portion of the property for a specific purpose, such as access to a road or utility lines but fails to disclose this agreement to the new owner. These undisclosed easements can create conflicts if you, as the new owner, are unaware of the existing rights of others to use your land.
4. Boundary line disputes
These occur when there is a disagreement between neighbors over the precise location of the property line. Such disputes can arise from unclear property descriptions, historical inaccuracies in land records or natural changes in the landscape. To resolve boundary line disputes, you may need to commission a professional survey to determine the correct boundary and engage in legal proceedings to finalize the matter.
If you are faced with a boundary dispute, seeking legal guidance can help ensure that your rights are protected and the issue is resolved in a fair and efficient manner, potentially saving you from prolonged stress and costly legal battles.