Florida Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

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Multi-State
Control #:
US-01134BG
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Demand On Adjoining Landowner To Repair Portion Of Damaged Partition Fence?

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FAQ

Fence placement 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.

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.

Adjacent neighbors means the people' owning properties with a common lot line to the property in question, including both sides and rear. "Facing neighbors" means the three properties located most directly across the street from the property in question.

Adjoining land means land which is not separated by intervening property owned by someone else. Land which is separated by roads, rivers, streams, etc., is considered to be adjoining.

Adjoining landowners are those persons, such as next-door neighbors, who own land that share common boundaries and thus have mutual rights, duties, and liabilities.

What is adjoining property? What is adjoining? The term characterizes the position of objects relative to each other, and means that they are in direct contact, as in attached or contiguous. In real estate, it refers to properties sharing a border (land), or touching (buildings).

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Florida Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence