If a fence begins .2 feet on my neighbor’s property and runs diagonal through my property, can my neighbor claim eminent domain over my property?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If a fence begins .2 feet on my neighbor’s property and runs diagonal through my property, can my neighbor claim eminent domain over my property?

A fence begins .2 feet on my neighbors property. It runs diagonally through my property so that the other side of the fence is still my property. Only .2 feet of the fence is on the neighbor’s property. The fence was built before I purchased the property and I am not sure who built it. Can the neighbor claim the property on the other side of the fence due to eminent domain? There are no buildings or structures on the other side of the fence that is my property.

Asked on June 18, 2012 under Real Estate Law, Florida

Answers:

david slater / david p.slater, esq.

Answered 9 years ago | Contributor

Only the Governement can obtain Eminent Domain.  Your issue deals with  Adverse Possession.  From what little information you provide, it does not apear to be applicable.


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