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I recently purchased a piece of property that included Lot 160 and the west
10' of Lot 161. Lot 161 is east of Lot 160 which means that my full lot and
partial lot are contiguous.
There is a fence that is on the border between Lot 100 and Lot 101 that was
put up by the owner of the Lot 161. It was put up before I purchased the
property. The problem is that the border separating our respective
properties is 10' to the west of that point, not on the lot line. Again,
that is because both of our deeds (his and mine) concur that I own the
westerly 10' of Lot 161.
The owner of lot 161 has a lot of equipment stored on that 10' strip of mine
but on "his" side of the fence. My question is, what are my rights about
removing that equipment, if he doesn't do it willingly? I tried to sell him
the 10' but he doesn't appear interested. We are going to start land
clearing next week and I need to know what my options are if he doesn't move
it on his own. Obviously, I hope that he moves things on his own and that
we all continue to get along. But, can I rightfully touch his equipment if
he doesn't move it? Do I have to serve him any kind of notice? If I wasn't
a nice guy could I load up his stuff and sell it?
Finally, who is the owner of the fence? It would seem like I own 100% of it
since it is 10' over on my property. Is that correct? Who owns a fence
that is properly placed on a property line? It is supposed to straddle the
line or is it technically owned by one of the parties and thus must exist
wholly on their side of the line? What is the best way to deal with fence
bordering properties? They say fences make good neighbors . . . we'll see.
The property is located in Florida, if that makes a difference in your
response.
Thanks in advance for your reply.
--
David Jensen
Change the xx in my email address to MJ for my real email address. Thanks.
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