Discovering that your neighbor has built a shed encroaching onto your property can be a frustrating and confusing situation. Though, this scenario is more common than you might think, and it requires a clear understanding of your rights and the appropriate actions to take.
Adverse possession in Florida
In Florida, “adverse possession” allows someone to claim ownership of land if they have occupied it for a certain period, usually at least 7 years, without the owner’s objection. If your neighbor’s shed remains on your property and you do nothing to assert your ownership, they might eventually claim the land through adverse possession. However, you can stop this possibility.
Put your neighbor on written notice
The first step is to formally notify your neighbor in writing. Send a certified letter referencing your property’s specific boundaries as described in publicly filed deeds. Clearly state that you do not consent to their use of your land, and that they must remove the shed.
Written acknowledgement
If you do not mind where the shed is or if you can work something out with your neighbor, ask them to sign a written acknowledgement or agreement. Request that your neighbor signs a written agreement acknowledging that the land is yours. This document should also state that their use of the land is with your permission, which can be revoked at any time.
Consider a rental agreement
You might also propose a rental agreement to your neighbor. This can prevent adverse possession claims by establishing a formal, temporary arrangement for the shed’s placement on your property. It clearly defines the terms of use and ensures that the ownership and usage rights are not misunderstood.
Conclusion
Dealing with a neighbor’s encroachment requires a careful and informed approach. Understanding adverse possession laws and taking proactive steps that can help protect your property rights. By taking these steps, you can address the issue effectively and maintain good relations with your neighbor while safeguarding your property.