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fence built over easement

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Smilano

Junior Member
What is the name of your state? FL

This may be winded, sorry :(

My husband and I recently bought a house in Crestview. The property had no fence, so we hired the property's construction company foreman to build one, as he was soliciting his Fencing Company and had reasonable rates.

Two months later the foreman tells us that he needs to remove it due to it being built over an eavesment. Not only will the fence need to be taken down, but a foot of the raised patio deck they built will need to be removed as well, as it is also within this eavesment area. This leaves us with virtually NO backyard at all, and the property would have never been purchased had we been informed of this prior to closing.

The foreman said since the fence was under $2500.00 he did not need a permit. Meanwhile my neighbor three doors down was in the process of building her own, and was told she would have to take down hers as well for the same reason. She promptly went to the Building Department and paid for a permit. When told this to the foreman, he said our fence was built using the construction companys building permits (as they are currently still building in this sub-division).

My questions are these:

1. Can we (there are at least 5 properties that are/will be affected by this)volunteer to sign a waiver for any damage that might be incurred should the county need to gain access to this area, and still maintain the structure? (There has never been an incidence of even standing water here), and

2. Can the construction company be held responsible for this, as it was their foreman that constructed it?

Any information at all would be sooo appreciated!! TY!
 



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