Readers who wish to obtain more information about Florida`s statutes can view these statuses online at www.leg.state.fl.us/STATUTES/. Euse v. Gibbs, 49 So. 2d 843 (Fla. 1951), indicates that if neighbouring landowners agree to settle a border dispute and the agreed limit is different from that described in fact, the taxes paid on the property actually set are used as a payment on taxes on the land at issue. Another situation, which often occurs in a border conflict, is a negative right to property. Illegal detention, also known as the right to squat, is a legal procedure that allows the definitive obtaining of property belonging to others. Unwanted possession occurs when a person occupies another person`s property and the real owner does nothing to expropriate the plaintiff. When the real owner, in unfavourable possession, waives the right to rights to a property for a specified period of time, usually ten to twenty years, the applicant enjoys a normative relief. A normative relief is a right to ownership of another, obtained by continuous exploitation for a specified period of time.
If a landowner builds a fence that enters the true demarcation line, he or she can argue the defence of the "border by convention" and ask the court to preserve the validity of the fence. An agreement that a certain line is treated by the parties as the true line, and while the two cases above are representative of the different situations in which the border applies by agreement and the limit by tolerance, there are many other cases that also show their application. A list of a few additional cases is as follows: This blog does not contain an exhaustive list of all potential claims for border disputes, but it covers some of the most common claims. The second blog post in the series "Determining Property in Border Conflicts" will discuss the information that will be used to prove the correct ownership. Continue occupation and tolerance in a line other than the actual limit for the statute of limitations, or more than seven years. Yes, yes. If you and your neighbour have agreed on where you must both have the boundaries of the land, you can both enter into a "draw line agreement" called the "lot adjustment agreement." These agreements are formal and binding by establishing and signing acts that detail the agreed ownership line. However, it is important to review your local zoning and subdivision laws before entering into this agreement to ensure that you are following the rules. McDonald vs. O`Steen, 429 So.
2d 407 (Fla. 1st DCA 1983), offers a debate on the application of the border through tolerance, if there is little direct evidence of a real dispute over the border. Landowners often have questions about "border fences," which are fences erected on or near a property boundary, to determine your property by your neighbour. Under Florida law, owners of adjacent lands are not legally obligated to establish fences that share their land. When an owner decides to build a border fence, the owner of the adjacent land is not required to contribute to these costs unless it has been agreed in advance.