Boundary Lines

What are boundary lines, and how does Florida law apply to them?

Boundary lines help determine the extent of a property and its legal ownership. Specifically, these lines define a property’s physical limits and help prevent conflicts between neighboring property owners. For instance, a common boundary line dispute arises when two neighbors disagree over the location of their shared property line for the proper placement of a fence, and resolving such disputes requires establishing correct boundary lines through a thorough analysis of property deeds, surveys, and other legal documentation.

The primary statute concerning boundary lines is the Florida Statutes § 177.28(1), which establishes the legal requirements for determining and defining property boundaries. Additionally, Florida Administrative Code Chapter 5J-17 provides a comprehensive set of rules and regulations for surveyors and mappers when determining property boundaries.

Furthermore, Florida courts often refer to judge-made case law principles, such as the doctrine of acquiescence, to resolve boundary line disputes. Under the doctrine of acquiescence, if neighboring property owners treat a particular boundary line as the actual boundary for an extended period, they may be considered acquiesced to that line, even if analysis later shows that the line is inaccurate. In such cases, the courts might rely on the factual circumstances and the parties’ conduct to determine the legal boundary line.

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What are common issues associated with boundary lines that lead to litigation?

Florida real estate disputes involving boundary lines often arise from various legal issues. These issues include, but are not limited to:

Encroachments: When a property owner’s structure or improvements extend onto an adjacent property, it can lead to legal disputes between neighbors.
Adverse possession: A party may claim legal ownership of a portion of a neighboring property if they have continuously and openly occupied it for a specific period under Florida Statutes Section 95.18.
Easements: Conflicts may arise when a property owner grants another party the right to use a portion of their land for a specific purpose, such as access to a shared driveway or utility lines.
Survey errors: Inaccurate or outdated surveys can lead to boundary disputes when they fail to identify the property’s boundaries correctly.
Deed ambiguities: Unclear or conflicting descriptions of property boundaries in deeds can result in legal disputes between property owners.
Fence or landscaping disputes: Disagreements over the location of a fence, tree, or other landscaping elements can lead to boundary disputes between neighbors.

When a set of facts is appropriate for legal advocacy or intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What measures should counsel take to resolve issues and avoid litigation over boundary lines?

To mitigate the risk of litigation over boundary lines in Florida real estate disputes, consider the following strategic measures:

Conduct a professional survey: Hiring a licensed surveyor to determine your property’s boundaries accurately can help prevent conflicts and provide a solid foundation for resolving disputes.
Review property deeds and records: Verify the accuracy of property descriptions in deeds, and consult public records to ensure no encumbrances, such as easements, affect the boundary lines.
Communicate with neighbors: Engage in open and respectful dialogue with neighboring property owners to address concerns and establish a mutual understanding of boundary lines.
Seek legal advice: Consult with a Florida real estate attorney to better understand your legal rights and obligations and help navigate potential boundary disputes.
Consider alternative dispute resolution: Rather than engaging in costly litigation, explore mediation or arbitration to resolve boundary disputes more amicably and cost-effectively.
Document agreements: If you and your neighbor reach an agreement regarding boundary lines, put the agreement in writing and have it properly recorded to prevent future disputes.

Please contact our office to set up your initial consultation to see what forms of legal advocacy or intervention may be available for your unique situation.

Frequently Asked Questions

How is a boundary line determined between two properties in Florida?

Boundary lines between properties in Florida are set by a licensed surveyor, who accurately measures and plots the land based on legal descriptions found in property deeds and public records. However, discrepancies or disputes may arise from inaccurate surveys or ambiguous deed descriptions, necessitating further investigation or legal action.

Can a property owner build a fence on the boundary line in Florida?

Yes, a property owner can build a fence on the boundary line in Florida. Still, it’s crucial to communicate with the neighboring property owner beforehand and ensure compliance with local zoning regulations. In addition, building a fence directly on the boundary line may require a written agreement between both property owners.

What is the statute of limitations for boundary disputes in Florida?

The statute of limitations for boundary disputes in Florida generally falls under the category of real property actions, which have a five-year statute of limitations under Section 95.11(2)(b) of the Florida Statutes. However, specific circumstances, such as adverse possession claims, may have different timeframes.

How can a property owner obtain an easement to access their landlocked property in Florida?

In Florida, a landlocked property owner may obtain an easement by necessity, which grants them the right to access their property through an adjacent property. Such an easement typically requires a court order proving that the easement is strictly necessary and that both properties were once part of the same larger tract.

Are there any specific Florida laws addressing tree disputes between neighbors?

While no specific Florida statutes address tree disputes between neighbors, general principles of property law and negligence apply. If a tree on one property causes damage to an adjacent property, the injured property owner may have a claim for damages based on negligence, nuisance, or trespass. Communication and cooperation between neighbors are often vital to resolving tree-related disputes.

Have more questions about real estate transactions and disputes?

Crucially, this overview of boundary lines does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.