Who Owns The Fence Between Properties In Florida?

by | Last updated on January 24, 2024

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Under Florida law,

adjoining landowners are under no legal

obligation to erect fences dividing their land. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance.

Who owns which fence on a property?

The transfer or conveyance deed might state who owns it, but if it’s not in writing, then look out for

any T-mark to the boundaries

. The stalk of the ‘T’ will sit on the boundary and come out into your garden or property, which means that fence is your responsibility.

What side of the property do you own the fence?

Also,

there’s no set rule about

whether you own the fence on the right or on the left-hand side of your house. You may be able to get this information from the conveyance deed, where there could be an already established boundary agreement regarding which fence side you are responsible for.

How far off the property line should a fence be in Florida?

Check Rules and Regulations

Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically

2, 4, 6 or 8 inches from the property line

. Other areas will allow you to go right up to the property line.

How do you tell if a fence is yours or neighbors?


Title plans

are one of the best ways to see which fence belongs to your property. Title plans may feature a ‘T’ mark showing many of your property’s boundaries, and who is responsible for maintaining them. A T mark on one side of the boundary indicates that the person on that side is responsible for the fence.

When a fence is damaged who is responsible for repairs?

Who pays for damaged fences? Normally,

the householder who owns the fence is responsible

for maintaining and repairing it. However, if any damage is caused to your fence by your neighbours, then it’s their responsibility to meet the costs of putting the problem right.

Can I replace my fence without Neighbours permission?

It is important to know that your neighbours are not legally obliged to fix or replace a fence,

unless it is causing a safety issue

. … You can do this alongside your neighbours existing fence, as long as it is on your private property and inside your boundary.

Which side of the fence is mine left or right?


There is no general rule about

whether you are responsible for the boundary fence on the left or right or rear of the property. If your property is registered at the Land Registry you can obtain what is called an ‘office copy’ comprising a title plan and register details.

Can a fence be on the property line?

Fence Distance From the Property Line

In many cases,

you can build the fence directly on a property line

that is shared with someone else. If you shared a property line with a public entity, you may not be able to build directly on the line. You may need to step back the fence.

Can my Neighbour build right to my boundary?

In general,

your neighbour only has the right to build up to the boundary line (line of junction) between the two properties

but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.

Do you need a permit to build a fence Florida?

A fence permit IS required if ANY of the items below apply to your fence project: Fence is located on a commercial property, including three-unit or more residential properties.

Fence is more than six feet in height

. … Fence is required as part of Chapter 33 Safeguards During Construction – Florida Building Code.

What can I do if a Neighbour damaged my fence?

Start by talking to your neighbour and asking them to check if their

insurance

will cover the damage. They will need to lodge a claim with their insurance provider. If you’re submitting a claim to your neighbour’s home insurance provider, you’ll need to prove that the damage was, in fact, their fault.

Who is responsible for fence repair in Texas?

If the fence falls to one side of the property line, it is

wholly owned by the property owner whose side it’s on

, according to Texas fencing laws.

What are the 4 types of boundary disputes?

  • Lot line disputes.
  • Fence, landscaping, and outbuilding disputes.
  • Access disputes.
  • Adverse possession claims.

Can you force Neighbour to repair fence?

Unless the existing fence is causing a safety hazard on your side,

there’s very little you can do to force your neighbour to repair or replace it if they don’t want

to. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied.

Can I stop my Neighbour painting my fence?


You can’t make changes to your side without their permission

, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.