What can I do if my neighbor took down my fence between our property lines which has been there for 30 years without my permission?
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What can I do if my neighbor took down my fence between our property lines which has been there for 30 years without my permission?
Asked on March 30, 2012 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The fence is question establishes a separation between you and your neighbor, correct? Can it be termed a "partition" fence? Then it is owned by both of you and he can not remove it without your consent. You could sue him for damages, generally the value of the cost of putting it back up minus depreciation. You have a lot of depreciation in 30 years here. I might speak with an attorney in your area on the local laws. Good luck.
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