What happens when neighbor builds fence on your lot?

DEAR BOB: We live about 50 percent of the year in our Florida house and the remainder of the year in our other home "up North." This past winter, when we returned to our Florida home, we were shocked to discover our neighbor had built a very ugly concrete block fence between our properties. At first glance, it looked to me like he tried to "grab" at least 5 feet of our lot. Although I didn't say anything to him, I hired a professional surveyor to determine where the lot line is located. It turned out the neighbor took almost 7 feet along our lot line. In other words, the concrete block fence is 7 feet on my side of the boundary. When I confronted him with a copy of my survey, he challenged it as probably inaccurate. What recourse do I have? --Ryan R.

DEAR RYAN: Please consult a local real estate attorney. He or she can review the facts and advise your best course of legal action.

From your description, it appears the neighbor built the new concrete block fence on your property. That means the fence belongs to you and you can remove it.

In addition, you might be entitled to damages, such as the cost of demolishing that fence, removing the debris, and restoring your property to the pre-fence condition.