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:
An encroachment can lead to a cause of action for either continuing trespass or nuisance. You may seek damages for the encroachment on your land. The damages depend on whether the injury is permanent or temporary. For permanent injuries, the measure is the difference in property value before and after the injury. For temporary injuries, it’s the reasonable cost of repairs to restore the property plus any loss from being deprived of its use.
If the encroachment is minor, you might not be able to force its removal but could accept damages for the value of the encroached portion. You can also recover the cost of removing an encroaching structure, as long as those costs do not exceed the decrease in your property's value due to the encroachment.
To formalize the sale of the disputed property, you can use a form allowing your neighbor to purchase the encroached land. Users can search for state-specific legal templates at .
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.