This manual is intended to provide a fundamental overview of the many rights and obligations that farmers and farmland owners have over Florida fences and property rights. Readers may appreciate this manual because it informs them of these rights and obligations. However, the reader should be aware that some parts of this brochure may be obsolete at any time, as the laws, administrative decisions and court decisions on which this brochure is based are constantly revised. This manual should not be considered a complete guide to fencing and ownership. In addition, many details of the cited laws are omitted for reasons of space. This manual should not be construed as legal advice or advice to the authors on any of the legal issues addressed therein. This manual is not a substitute for personal legal advice, but only a guide to informing and informing the public about issues related to fencing and property rights in Florida. For these reasons, the use of these materials by any person constitutes an agreement that the authors, the Institute of Food and Agricultural Sciences, the Center for Agricultural and Natural Resource Law, and the University of Florida are harmless from any claims, damages, or expenses that a person may incur as a result of reference to or reliance on the information contained in this book. Subsequent occupation by the parties, in accordance with the agreement, for a period sufficient to prove that the line is considered a permanent border. Under Florida law, spouses can hold property as joint tenants, joint tenants, tenants in whole or individually. Property acquired by an independent spouse during the marriage is normally owned and held by that spouse, unless otherwise provided. However, a “succession as a whole” is unique for marriage and creates a transmission to both spouses if no other language is explicitly indicated.
An estate as a whole can only be separated by death, divorce, mutual agreement or transfer from one spouse to the other. If the above two cases are representative of the different situations in which the limit applies by agreement and the limit by tolerance, there are many other cases that also show their application. A list of other cases is as follows: continuation of occupation and tolerance in a line different from the actual limit for the duration of the limitation period or more than seven years. So how do you handle border ownership disputes? If there is no dispute or error regarding the real border and someone builds a fence that clearly enters your country, immediately notify that person in writing of the intervention. In such cases, the penetrating person must remove the fence. If the person refuses to remove the fence, you can sue to throw the person out of your property. Written notification to the intervener may prevent that party from claiming that the fence was properly placed because of an allegation of doubt or uncertainty as to the true border. The existence of a fence could be evidence of the necessary doubt or uncertainty as to the true boundary in a tolerance dispute (discussed below); However, a fence alone is not sufficient to prove doubt and justify a tolerance limit.
Compare Carroll v. Fordham, 781 Sun. 2d 1156, 1157 (Fla. 1st DCA 2001) and McDonald v. Givens, 509 So. 2d 992, 993 (fla. 1st DCA 1987) with Hearn Properties, Inc. v.
Cruce, 20 d.3d 877, 879 (fla. 1st DCA 2009) (withdrawn by Carroll and Givens, finding that “a right to the border by tolerance, the existence of a fence . . . alone [is not sufficient] to establish disputes or uncertainties about the border situation”). There are many legal facts and considerations that need to be addressed to resolve a border property dispute in Florida.. . . .