Florida fence and property line regulations come from both state laws and local codes. It is imperative to understand these regulations before you build a fence, purchase a property with a fence along the property boundary line, or challenge a neighbor’s new fence. A Florida property damage lawyer who represents property owners in these disputes can review your circumstances and explain the applicable laws.
What Do I Need to Know About Fences on Shared Property Lines in Florida?
According to the Florida Fence and Property Law Handbook, no laws require neighbors to share the costs of building a new fence along a property line. You must pay for the fence on your own unless your neighbor agrees to share the expenses.
If you work with your neighbor to build a fence and provide maintenance and upkeep, a simple contract agreement is a good idea. An attorney can help you with this. The goal is to avoid future disputes about the fence. A contract should include:
- Your name, date, and signature
- Your neighbor’s name, date, and signature
- A clear description of the property, fence, and its location
- The responsibilities of each party in building and maintaining the fence
If you opt not to ask your neighbor to help with the fence, it is still a good idea to notify them in writing of your plan to build a fence. If possible, have them sign your letter. This could help resolve any future allegations related to the fence that could escalate to the point of requiring a lawsuit.
If you purchase a home that already has a fence along the property line, you accept responsibility to share in maintenance and repairs. Your new neighbor may be able to provide you with information about how they handled this with the previous owner.
You May Need a Building Permit to Construct a New Fence
Homeowners may need to apply for a fence permit and get approval before building a new fence, replacing a fence, or doing significant repairs. Local authorities generally handle this, and additional conditions could apply based on location. For example, Miami-Dade County requires post-hole foundation inspections for all non-masonry fences.
Spite Fences Are Illegal in Florida
Per Mickel v. Norton, Fla. Dist. Ct. App. 2d 2011, Florida law prohibits spite fences. Spite fences are those built solely to harass, annoy, or otherwise bother your neighbor. For example, if a homeowner does not like their neighbor, they may construct a tall, wooden fence that blocks their neighbor’s view of a scenic area or prevents them from using a certain roadway.
If you believe your neighbor is building a fence with no legitimate purpose other than to annoy you or infringe on your property rights, a lawyer can help you take legal action.
Who Sets Fence and Property Laws in Florida?
It is important to know that numerous agencies and parties set laws, regulations, and codes for Florida fences. While state law includes numerous rules about building a fence and maintaining it, local regulations are more likely to cover details such as:
- Fence heights
- Fence materials
- Fence placement
- Permits and approvals
- Building codes
- Steps you must take to construct a fence
hen Are Fences Required Under Florida Law?
Under certain conditions, Florida law or local codes may require you to construct a fence. No laws force you to divide your property except under limited scenarios.
The most common scenario is when you have a pool, spa, hot tub, or another water feature on your property. These rules aim to reduce the risk of swimming pool accidents. Pool owners must construct a fence that surrounds the perimeter of their pool or water feature. According to the Florida Department of Health, pool fences must:
- Be at least four feet tall
- Have no more than a 4” gap at the bottom
- Have no openings that are more than 4” in diameter
Additionally, if a pool fence has a gate, it must:
- Open away from the water
- Close and latch automatically
Sometimes, you might need to erect or maintain a fence or gate on your property because you own the easement that allows your neighbor to reach a public road or because their livestock access your land. The Florida Fence and Property Law Handbook provides guidance on these topics and other related issues, or you can discuss your concerns with an attorney familiar with these regulations.
What Should I Do If I Have a Problem With a Fence or Property Line in Florida?
If you have concerns about a fence or property boundary line, you can get answers to your questions and learn about your rights by discussing your options with an attorney familiar with Florida property and fence law. The first step is learning as much as possible about the state laws and local codes for fence construction as they apply to your issue.
Many people resolve disputes between neighbors about boundary fences without taking adversarial action like filing a lawsuit. However, this might be necessary under some circumstances.
Your lawyer can help you determine a strategy to settle your dispute, litigate the case to stop a spite fence, or force your neighbor to maintain, replace, or remove a damaged fence. A law firm can also help you enforce a contract for working together for fence upkeep or ensure both parties participate in caring for an existing fence.
Discuss Your Florida Fence and Property Law Questions With Our Team
At Ged Lawyers, we have attorneys on staff who are familiar with Florida fence and property law. We can help you understand your options and settle disputes.
Contact us now for a consultation with our legal team.
