Daniel W. Uhlfelder P.A. | Attorneys At Law


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What is a spite fence and what can you do about it?

On Behalf of | Jul 18, 2018 | Firm News, Real Estate Law

There are a variety of reasons your neighbor might decide to put a fence up. Many of these reasons are perfectly legitimate. But, what if you think the only reason your neighbor is putting up a fence is to make it harder for you to fully enjoy your property?

It’s possible you are the victim of a spite fence. This is a fence that a person installs that doesn’t serve a legitimate purpose but rather is set up to deprive a neighboring property owner of his or her rights. Examples of things a spite fence might directed towards include blocking a homeowner’s view or closing off access to a roadway.

Florida homeowners who are the victims of such conduct by their neighbor can have legal recourse. This is because spite fences are illegal here in Florida.

Now, there are various factors that impact whether a given fence a neighbor installed would rise to the level of being an illegal spite fence. This includes: whether or not the fence serves any legitimate purpose, what impacts the fence has on a homeowner and whether the installation of the fence was motivated by malice.

So, what legal options a person would have in relation to a fence that he or she feels a neighbor put up out of spite depends on the specific circumstances. When a person has a problem with a fence a neighbor has installed, speaking with a skilled real estate litigation attorney can help him or her understand what he or she can do in response to the situation.