Q: I’ve a chain-link fence separating my property from my neighbor’s. They’ve a chook of paradise and a coconut palm (that hatched from a coconut) which can be destroying my fence. We’ve spoken to him, and he did a half-hearted job of fixing the issue. In actual fact, there was no actual enchancment in any respect. He refuses to debate the difficulty. Very unreasonable, arduous to cope with, sort of a man. What can I do? — Mary
A: Property line disputes can come up in any neighborhood, whether or not you reside in a metropolis, suburb, or rural space. Typically, the difficulty is a fence; different occasions, it is likely to be overhanging timber, encroaching roots, or different landscaping considerations. Whereas native legal guidelines might fluctuate, the final method to resolving these points is actually the identical.
Your first precedence needs to be to completely doc the state of affairs. Take clear photographs of the fence, the chook of paradise, and the coconut palm, displaying how they’re affecting your property. Preserve a written file of your conversations along with your neighbor, together with the dates and matters mentioned. When you have receipts for any repairs or upkeep you’ve carried out due to the injury, save these as nicely.
In case you haven’t already, assessment your property survey or deed to verify precisely the place the boundary lies. This may be useful if the state of affairs escalates.
Subsequent, examine your native ordinances or owners affiliation guidelines, if relevant. Many areas have particular pointers relating to property upkeep and accountability for injury brought on by crops or timber that cross property strains.
You possibly can trim any vegetation that’s in your aspect of the fence so long as it doesn’t completely injury the crops. Nevertheless, keep away from reaching over the fence to take away the crops, even when you consider the fence is in your aspect of the road.
Because you’ve already tried talking along with your neighbor and haven’t seen any actual enchancment, the next move is to ship a well mannered however agency written request. Define the issue, embrace your supporting documentation, and request an inexpensive answer inside a specified timeframe. Make a copy of this letter on your information.
In case your neighbor nonetheless refuses to cooperate, chances are you’ll have to seek the advice of with an lawyer to debate your choices. All through the method, stay calm {and professional}.
Coping with a troublesome neighbor could be irritating, however retaining detailed information and following the right steps will assist defend your pursuits.
Keep in mind, fences and crops could be changed, however sustaining your peace of thoughts is simply as vital.
Board-certified actual property lawyer Gary Singer writes about trade authorized issues and the housing market. To ask him a query, electronic mail him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.