Full question:
A neighbor has built a fence on my property. This encroachment happened some time ago, and we both are aware of it. Now I want to sell the property. How do I go about this curing this encroachment and what kind of legal form must I use? I will give him first right of refusal of purchasing the land, but I don't believe he is interested since I have given him access to my property for a number of years. Is there a form for use (encroachment) of property without permission?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Florida
Answer:
A cause of action based upon an encroachment is of the nature of either a continuing trespass or a nuisance. A party may recover damages based on an encroachment on his or her land. The measure of damages to be awarded for an injury to real property depends on whether the injury is permanent or temporary in nature, the proper measure for permanent injury being the difference between the value of the property immediately before and immediately after the injury. If an injury to property is temporary in nature, the proper measure of damages is the reasonable cost of the repairs necessary to restore the property to its original condition immediately prior to the injury plus the loss occasioned by being deprived of the use of the property.
It has been held that where an encroachment is so slight that a mandatory injunction for its removal is denied and the owner left to his or her legal remedies, he or she should have an option to accept an award of damages adequate to cover the value of that portion of his or her property occupied by the encroachment. Further, an aggrieved landowner may recover the cost of removal of an encroaching structure which is legally abatable, so long as such cost is not in excess of the diminution in value of the realty resulting from the wrong.
A form whereby your neighbor could buy the property in dispute from you is
FL-00761BG
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
