Can I stop construction on a home next door that is over my property line

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I stop construction on a home next door that is over my property line

I’m about to close on my new home. We
were just informed that the new home
under construction on the adjacent lot
is over my property line.I paid for a
premium lot .what can I do? Can I stop
construction on the house next door. I
don’t want to accept this

Asked on August 10, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if you can show (e.g. by surveys, title documents, etc.) that they are intruding on your property, you should be able to get a court order blocking construction *and* removing anything already built on your property. Because you want to *immediately* block it, before more is done, you will want to file the lawsuit (that's what it is: a lawsuit) on a "emergent" (think: "urgent" or "emergency") basis, to get a temporary order maintaining the status quo (a "temporary restraining order" or "temporary restraints"), followed by a hearing in short order for a more-permanent resolution. Technically, you should have to wait until you close to do this (you're not yet the owner of the property until closing), but if the contract is final (no more contingencies) so the fact that you will become owner is indisputable, you should still be able to establish "standing" and file the suit now, pre-closing. This will be procedural complex matter (establishing standing "pre-closing"; filing on emergent basis, which involves extra requirements), so you are strongly advised to retain an attorney to help you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption