My “shared” Fence Is Very Old And Damaged. Is 100% On My Property And I Want To Replace But Neighbor Claims I Can’t Take It Down.
I recently purchased a property in Florida, the house is a quite old but I am happy with how everything is looking, the only part I haven’t been able to fix is an old fence in the process of breaking down. Here comes the issue, when I bought the house I did a survey of the property and it clearly shows that the fence is 3-4 feet inside my property line and the neighbors also use it as their fence. (There is no evidence of who build it originally but the inwards of the fence faces my backyard) I want to take the old fence down and build a new one on the property line and I don’t mind covering the costs at this point. However when I first notified the owner of the other property he refused to accept me taking down the fence. I have asked some people and they say that since the fence is on my property it is technically mine and I can take it out without my neighbor’s permission. Others say that it would be risky and could lead to them trying to sue me. I already tried talking with them, also the “neighbors “ I am talking about are actually landlords so they don’t live in the property. I have a decent relationship with my the people actually living next door. So from a legal standpoint point. Could I remove the fence? Does he has any basis to sue if I do remove it? What should my next step be? I don’t know if this is serious enough to require a lawyer.
Location: Orlando, Florida
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