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

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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 3 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.


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