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Old 09-06-2009, 01:16 PM
 
Location: Tampa, Fl
1 posts, read 6,007 times
Reputation: 10

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I live in Tampa, and my neighbor is encroaching approximately 5 or 6 feet onto my property. The source of the confusion is what I understand is there is a 'closed alley' that at one point the prior owners couldn't close in with a fence but now you can and both neighbors on my left and right' fence goes back into the 'closed alley' but I haven't had the chance to. Now my new back-door neighbor put up a privacy fence he put it right along my fence which was set back 5-6 feet for this old 'closed alley' rule. Now I am thinking about selling the house and I want that land back.
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Old 09-06-2009, 05:16 PM
 
27,206 posts, read 46,607,905 times
Reputation: 15661
I guess you need a lawyer!
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Old 09-06-2009, 11:07 PM
 
Location: Sarasota, Florida
807 posts, read 3,178,301 times
Reputation: 707
Check your survey, if the fence is on your property, ask your neighbor to move it soon. I believe that if you allow it to stay, he may be able to 'claim' that property as his own. I would think that if he just bought the property he's on, there would be a recent survey of his lot and the fence company would use that to set the fence. If he did this on his own, don't let him test you. If the fence is on your lot, have him move it or remove it yourself. 5 or 6 feet is a hell of an oversight.
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Old 09-07-2009, 03:23 PM
 
Location: Sunny Florida
7,136 posts, read 12,643,355 times
Reputation: 9547
Get your property surveyed. It's a few hundred dollars and will clarify the property lines. This is particularly important if you intend to sell.
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Old 09-07-2009, 03:36 PM
 
Location: Beautiful Pinellas County
1,466 posts, read 3,068,260 times
Reputation: 1116
Should not have to pay more than $350 unless it's a huge property. When you purchased the house you would have had a survey done if you had a mortgage - the banks usually want one for their own purposes, do you have a copy with your closing information.
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Old 09-08-2009, 07:00 AM
 
Location: Naperville, IL by necessity; Pinellas by choice
214 posts, read 676,693 times
Reputation: 78
Talk to a real estate attorney. I can tell you that in Illinois, if you let somebody encroach on your property for some number of years, your land legally becomes their land.

I had a fence issue two houses ago like that. But it was aesthetically more pleasing to leave the neighbor's fence where it was, so I didn't push the issue. I sold that house with no problems re: survey, etc.
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Old 09-08-2009, 07:10 AM
 
Location: East Tennessee
3,928 posts, read 11,570,798 times
Reputation: 5259
Call your county property appraiser and tell them your story. Ask them about the property lines and setbacks. Even though the alley is not being used as it was intended, the land probably still belongs to the county. If you don't have a survey, most property appraiser websites will have an aerial showing the boundary lines.

After you determine who really owns that piece of land, if the fence is on your property, it belongs to you. Have you talked with the neighbor?
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