Florida Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property

State:
Multi-State
Control #:
US-00944BG
Format:
Word; 
Rich Text
Instant download

Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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FAQ

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

(1) Any fence or enclosure at least 3 feet in height made of barbed or other soft wire consisting of not less than three strands of wire stretched securely on posts, trees, or other supports, standing not more than 20 feet apart; or when using battens, up to 60 feet apart for nonelectric and 150 feet apart for electric ...

The requirements for adverse possession are very strict: (1) the person claiming adverse possession must possess the land openly, notoriously, and in a visible manner such that it is in conflict with the owner's right to the property; (2) this person must either have some sort of title on which to base claim of title ...

Florida state law does not require homeowners to build fences around their property, and neighbors do not have to divide their land with fences. However, Florida does require fences to be built around public and private pools as well as other water features like spas and hot tubs.

Where there is no dispute or mistake regarding the true boundary line and someone builds a fence that clearly encroaches upon your land, immediately notify that person of the encroachment in writing. In such cases, the encroaching person is required to remove the fence.

A privacy fence located three feet inside your property line will obviously be your responsibility. However, if the fence sits on the line between your property and your neighbor's, the fence is designated as a boundary fence, and both property owners jointly own the fence.

2328.2 Fences not exceeding 6 feet (1829 mm) in height, shall be constructed to meet the following minimum requirements from nominal 4 X 4 X 8 posts No. 2 grade or better spaced 4 feet (1219mm) on center, and embedded 2 feet (610 mm) into a concrete footing 10 inches (254 mm) in diameter and 2 feet (610 mm) deep.

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Florida Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property