Property Line and Fence Laws in Florida

Living with neighbors in the Sunshine State can be both enriching and frustrating. Oftentimes, neighbors don't see eye to eye on important property issues. This includes disagreements about boundary lines, fences, and tree trimming. Read on to learn more about fence laws in Florida.

Fence and Property Line Laws in Florida: Overview

Property owners frequently have questions about "boundary fences," which are fences built on or near a property line to designate your property from your neighbor's. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance.

If you do decide to build a boundary fence with your neighbor and share the expense of upkeep, it's a good idea to prepare a written contract summarizing the arrangement. A written agreement prepared in advance will go a long way towards avoiding conflict in the future. A boundary fence contract should include:

• The names and signatures of the parties
• A clear description of the lands and the and location of the fence
• The responsibilities of each party to build and maintain the fence
• At least two independent witnesses and a notary

Florida case law also makes it illegal to build a "spite fence" – a fence built for no other purpose than to interfere with a neighbor's property rights. In Florida, a fence can be considered a nuisance if its construction was motivated by malice, rather than a legitimate purpose such as preventing trespassing or vandalism.

Tree Trimming Laws

It's not uncommon for branches from a tree to reach over a property line and overhang a neighbor's land. Florida has laws governing these encroaching branches. Your legal right to trim branches hanging over your property line will depend on the health of the tree. If the tree is healthy, you may, at your own expense, trim back branches up to the property line. Your neighbor won't necessarily be liable for healthy branches falling on your land. On the other hand, if the branches are dead, it's your neighbor's responsibility to maintain them, or possibly be liable for damage caused to your land by falling branches.

Florida Property Line and Fence Laws at a Glance

The following chart provides more information about Florida laws governing property lines, fences, and tree trimming.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Property Line, Fence, and Tree Resources

• Handbook of Florida Fence and Property Laws
• Conflicts Involving Trees and Neighbors
• Boundary Disputes
• Fencing Laws and Your Neighbors: FAQs
• Property Boundaries, Lines and Neighbors FAQ

Consider Speaking with a Florida Real Estate Attorney

Disagreements with neighbors can be draining. If you're experiencing conflict with a neighbor regarding a property line, fence, or trees, you know first-hand how difficult these situations can be. A great first step is to learn about your legal rights, which is best accomplished by speaking with an experienced Florida real estate lawyer.