My neighbor wants a notarized letter of approval for a fence he put up 6″ on my property, if I give this to him does he get my land after so much time

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My neighbor wants a notarized letter of approval for a fence he put up 6″ on my property, if I give this to him does he get my land after so much time

I live in port orange, Florida volusia county. This is not my primary residence but rental property. I don’t mind letting him keep the fence there but I did not want any grandfather rules for him to take that part of my property.

Asked on June 16, 2009 under Real Estate Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Lots of people want lots of things.  What is your neighbor ready to pay you for this letter?  And exactly what does the letter say?  I think you need to have a talk with an attorney in your area, let him or her read the letter the neighbor wants you to sign, so you can get advice that you can rely on.  One place to find a lawyer who can help with this is our website, http://attorneypages.com

You're not required to do this, you know.  You can make him remove the fence.  And the letter, depending on how it's worded, might actually help protect you from a claim that the fence changed the property line after time.  But maybe the most important thing to talk about, with your attorney, is how this could cause problems when you sell the property.


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