Encroachment on our property

[Jaynel]

We just bought land. 4 acres. And the neighbors have been using our land not only as a drive off their property but they have loaded our land with trash. They also have 4 pitbulls and they say one of them bites. We are cleaning up the trash which is quite expensive and labor intensive. The trash even icludes a large junked out fiberglass boat and approximately 70 tires. Our concern is getting them to move their make-shift drive off our land so we can fence it in. Their 9 acres is similar to a junk yard. In fact I think they were trying to have a junk yard but code-enforcement stepped in and stopped it. The make-shift drive ( just a drive because they have been using it for a lot of years) never had been applied for officially. No paperwork ever done. And they have access to the street if not using this drive. Can we force them off if they don't agree to do it. We had a survey done which shows they are on our land. This is in the state of Florida. Thank you for any help.....Sincerely.....Jayne.....

 

[lwpat]

They can take you to court and claim a prescriptive easement and probably win. However, it doesn' sound like they have the money for the attorney. Best thing to do is to put up the fence and then see what they say. I doubt that you are going to get them to "move'" the drive so just close it off. I would send them a letter CRRR stating that is what you are going to do and that they have ten days to remove their "junk".

 

[Jaynel]

Thank you for responding. But the plot thickens. I don't think we have a chance to fence in the drive because we found out they have no other exit off the property without encroaching on someone else's property. They told us the neighbor wouldn't mind if they exited off his land but we talked to the owner of the land and he said he didn't want them on his land. The neighbor doesn't use that land but he owns acres and acres of citrus across the street. So, they have no other exit and they have us on that. Our thoughts now are to fence along the drive they have used (trespassed) for so long and since we are forced to let them use the drive we plan to fence along the drive so they have access to and from their land only. If we fence them off the drive, they are land locked and have no exit. I guess you got that. But another issue is their 4 Pitbulls. Will the dogs be allowed on the drive? They said one of them bites. We are still thinking of building back into the woods on that land but we are also thinking of selling the place. They were shooting off guns. But even if we put it up for sale we plan to fence right along that drive so they will stay off the rest of our land which they wander on and so do the dogs. Is county and I don't know the laws on dogs on our property. I know I am being redundant and lengthy but I feel so agitated about the whole mess. You are right, they have no money to fight us.
If you can come up with any ideas or laws to help us I appreciate it.
Agitated in Florida.....Thanks and sincerely.....Jayne.....

 

[BD_Loops]

I believe that if they wander onto your property you have the right to call animal control and have them picked up. It is your neighbors responsibility to confine their animals. It would also be wise if they are encroaching onto your property to video tape them as evidence. You can present this to the owners if they say it never happened and hopefully they will keep them confined. Also if you have video evidence then it protects you if you have animal control pick them up so they wont accuse you of stealing the pitbulls off their property. And to protect yourself it might be wise to have a can of dog specific brand of pepper spray.

 

[Jaynel]

Sorry ,I haven't been focused on this whole issue. Our concern is not the junk or dogs. We can take care of that. Our issue is WE DO NOT WANT THE NEIGHBORS TO EXIT THEIR PROPERTY USING OUR LAND. We want to fence our property. And this would landlock them unless a judge orders them to exit another way which would be using someone else's land altho the other land is not residential. We are. The other way for them to exit is owned by a citrus grower and this small part of the citrus grower's land is a strip that is not used at all. Is just grown up grass. Is a right of way issue.
What is a CCR?
Thank you for any time and considerations. We appreciate it.....Sincerely.....Jayne

 

[presutin]

As part of a Home Owners Association, the CC&R establishes monthly dues for all homeowners, and can restrict the rights of the way a person can use his or her own property or joint property. If you have an issue such as trespassing of your property, then you need to work it out first with the HOA so they can contact the other homeowner to enforce the CC&R rules regarding rights of way. Good Luck!

 

[Jaynel]

This is not a homeowner association issue. We are in the county and this is a right of way issue. No one is giving me the response I need. And I think I am sidetracking the issue accidentally. I am not expressing it well. My question is : CAN WE FORCE OUR NEIGHBOR TO STOP USING THE DRIVE ON OUR PROPERTY?
Thank you for your time.....Sincerely.....Jayne.....

 

[presutin]

Yes, by making them aware that they are trespassing onto your property. Send them a letter (certified) informing them that they have been trespassing onto your property as well as letting them know that you are now posting a sign informing anyone about it. Should they continue to violate your wishes, then notify the police.

 

[Jaynel]

Encroachment yet somewhat landlocked

Yes, by making them aware that they are trespassing onto your property. Send them a letter (certified) informing them that they have been trespassing onto your property as well as letting them know that you are now posting a sign informing anyone about it. Should they continue to violate your wishes, then notify the police.

Okay. I hear you , yet if we block this drive they have no other legal exit unless exit on someone else's property. Altho the other properties are not residential and we are. And next to our land there is empty land that belongs to citrus that is a stretch of land not used for citrus or anything else. Just grown up grass. ( we were thinking maybe a judge could order them to exit on that land) I think if we notify them in a certified letter and then block them, at this point the cops would make us open the drive back up to them. Since they would be landlocked.I am thinking maybe a judge could order them to exit another way. These trespassers have made the drive by using it for several years. ( Is just dirt) 16 plus years. These neighbors have never applied for any official paperwork to use the drive. They just took it over and the previous owner was not in any position to fight them on it.
Anyhow, what is your opinion if they are landlocked.....I dooo appreciate your time and attention.....Sincerely.....Jayne.....

 

[presutin]

Since they are encroached into other properties, they are the ones that have to go to court to find a way out of the landlocked position they are in. It is interesting to me that they never thought of this when they purchased the property. The police cannot force you to open up the drive to them. You have been kind enough to let them have access through your property.

 

[Jaynel]

Thank you. I feel better about it all. I'll let you know what we do. (Whether you want to know or not) Sincerely.....Jayne.....