What is the encroachment law in Florida?

Asked by: Hobart McClure DVM  |  Last update: June 28, 2025
Score: 4.8/5 (65 votes)

An encroachment occurs when an individual occupies any portion of land above or below the surface beyond what is described in the deed.

What is the 7 year boundary rule in Florida?

In addition to these basic requirements for adverse possession, Florida law requires that an adverse possessor occupy the land for at least seven years and meet either of the two following requirements: (1) adverse possession under color of title; or (2) adverse possession without color of title.

Can my neighbor build a fence on the property line in Florida?

Yes, a property owner can build a fence on the boundary line in Florida.

What is an encroachment agreement between neighbors?

An encroachment agreement is a legally binding contract between two parties that sets out the parameters for the use of land. This document outlines who owns the property, who has access and responsibility to maintain it, and can even include provisions for any potential future disputes.

Who is responsible for overhanging trees in Florida?

A landowner is not liable to the adjoining property owner for an alleged nuisance caused by overhanging branches and roots from a tree on his or her property; however, the adjoining property owner is legally entitled to trim back, at the adjoining owner's own expense and only up to the property line, any encroaching ...

Encroachments and Your Property by Kahane Law Office

38 related questions found

What is the new tree law in Florida?

The bill further amends Section 163.045, F.S. to provide that a local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner has documentation from an arborist or landscape architect that the ...

Can I throw neighbor's tree branches back in their yard in Florida?

It's illegal to throw tree branches into a neighbor's yard without permission. Branches you cut or that fall onto your property become your responsibility. Homeowners involved in tree disputes must abide by local laws.

What is the penalty for encroachment?

As GoRout.com explains, encroachment is a dead ball penalty so there is no “free play.” Encroachment is a five-yard penalty and results in a replay of the down.

How to notify a neighbor of encroachment?

Reach out to them in a friendly manner, express your concerns, and listen to their perspective. Remember that encroachments are often unintentional, and your neighbor might not even be aware of the issue.

Can I move neighbor's stuff off my property?

Technically you should have a court's permission to move the property via an order, but it really depends on what you think he will do if you move it over the property line. He might do nothing and just hold a grudge. But without an order, you are kind of rolling the dice.

How close to my property line can my neighbor build?

Buildings should be set back from the line of property. In light of the fact that setbacks are determined by state and county, there is not a single standard for them. The front setback is commonly 10 feet, the sides four feet, and the back setback is 10 feet.

Can I remove things my neighbour has attached to my fence?

If you own the fence, your neighbour cannot attach anything to it without your permission. Whether that be hooks, screws or fairy lights, anything that goes on your fence should be given the all clear from you first.

What is the adverse possession law in Florida?

In Florida, if a person continuously occupies a parcel of real property for seven consecutive years and does not possess a legal document to validate a claim to the property, the person may acquire ownership of the property via adverse possession.

Can a neighbor claim my land by mowing it?

Laws vary from state to state, however, in most, if not all, states, it is possible for a trespasser to assume ownership of property, by exerting some sort of control over the land. Mowing or weeding the property on a regular basis could qualify, if your neighbor is the only one doing so.

Who pays for a fence between neighbors in Florida?

The law views the fence as benefiting both property owners equally. Because of that, it requires both homeowners to pay equal shares of the cost of construction of the new fence. It also requires both to share the costs of repair and maintenance.

How to deal with a boundary dispute?

How to Resolve a Boundary Dispute
  1. Seek Expert Legal Advice. ...
  2. Collect All Relevant Evidence. ...
  3. Hire a Professional Land Surveyor. ...
  4. Adhere to the Pre-action Protocol for Property Disputes. ...
  5. Attempt to Resolve Your Case Through Negotiation and Mediation.

Who owns an encroachment?

Structural encroachment, for instance, happens when a neighbor knowingly builds on land they don't own. This type of encroachment typically occurs between neighbors, but it can also involve a property owner and the local municipality, as streets and sidewalks often belong to the city for public use.

How to settle a dispute with a neighbor?

How to resolve a dispute
  1. Stage 1: Diplomacy. Before you do anything, sleep on the problem. ...
  2. Stage 2: Mediation. Mediators, neutral third parties, sit down with feuding neighbors to help them figure out a fair solution to a problem. ...
  3. Stage 3: Litigation. Court is usually the last resort.

What is the boundary line between two pieces of property?

Property lines mark the legal boundaries of a property to show where it starts and ends. The most accurate way to determine your property lines is to have a professional conduct a formal property survey – but that will cost you at least a few hundred dollars.

What are the consequences of encroachment?

These encroachments cause impacts to the functions and values of those natural areas, such as a decline in water quality, loss of habitat (both aquatic and terrestrial), disruption of equilibrium (or naturally stable) conditions, loss of flood attenuation, or reduction of ecological processes.

What is the encroachment rule?

In the NFL, encroachment occurs when, before the snap, a defensive player illegally crosses the line of scrimmage and makes contact with an opponent or has a clear path to the quarterback. Play is immediately stopped, just as it is with a false start (this violation would be an offside penalty in the NCAA).

What is a 15 yard penalty?

15 yards. 15 yards; automatic first down if committed by defense. Contacting the kicker. Any contact with the kicker when in the act of kicking, unless the ball has touched the ground (as in a bad snap), the defender touches the ball, contact by a blocker causes the contact, or the contact is slight or incidental.

What is the dead tree law in Florida?

If the branches or roots are dead, or a dead tree falls onto the adjoining landowner's property, then the landowner of the property where the tree was originally located is re- sponsible. If a live tree falls onto the adjoining landowner's property, then the adjoining landowner is responsible for any damages.

What is the statute 164.045 in Florida?

Florida Statute 164.045 defines the conditions in which a homeowner is able to hire a tree care company to remove a tree on their property without prior notice or permission from their local government.

What is the tree encroachment law in Florida?

Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or other vegetation encroaching onto neighboring property and does not recognize a cause of action for negligence or nuisance for failure to do so.