Winter Park Home Magazine - Issue 2 - 2009

Fence Encroachments
by Frank L. Pohl, Attorney At Law
Partner, Pohl & Short, P.A., Winter Park

John J. owns a lot in a platted subdivision, and called me concerning his neighbor's recently constructed fence. The fence encroaches the length of the Easterly side of John's property by approximately one foot. He overheard his neighbor joking to some friends that he would eventually own this strip by adverse possession. John asked me if his neighbor was right - that he would lose ownership of this one-foot strip of land over time if he did not take any affirmative steps to challenge his neighbor. More.....