Can Neighbor Stop Us From putting up Fence Landlocking his backyard

[Chrisx245]

What is the name of your state? Florida

Can our neighbor stop us from putting up A fence which would Landlock/Block access to Neighbors Backyard?

We have Lived Next to a Duplex (which was built many years ago) which
always had the owners living there on one side and renters on the other side.

The Duplex was sold to an individual as an invesment for rental property

The Duplex is a side By Side Unit which is just inches 2"to 3" from our property and the same at the other neighbors property, The other neighbor put up a fence about 6 months ago So Now If I put one up I'm the bad Guy.

On two occasions we've had damage on our property since the new renters moved in (which we reported to The Authorities we can only suspect not prove) and with access to our property so easily I feel we have the right to put in a fence.

With having strictly rentals you will get the good with the bad
the current families show signs of future problems since seeing the kids climbing on the duplex roof with skateboards riding off the roof.

The owner cut down one of our small trees which was on our property while we were away so when we saw him we asked if he knew where the property line was? his response was "it was only a tree" and got realy upset that we questioned him using profane language throwing a fit...Instead of an apology.

So we staked off a fence line and the owner came to mow his property and confronted us he told us that we were not going to keep him from accessing his back yard and the same Profanity as before. He went on to let us know he was building a Million Dollar Home over on the lake Nearby and he would move a bunch of N***RS in the duplex. We told him about the kids and the other neighbor showed him a video of the incident to prove it.

The duplex has concrete block carport which was closed it at the entrance to be used as an indoor/outdoor Reck Room. The Converted Room(s) would have to be knocked open to give access to the back yard for him to mow his yard, preform maintenance including accessing his septic system.

Why It was Built Right on the propery Line is Beyond Me But The Carports May have Been An afterthought or an addon?

P.S. I wish I had My Fence up First So The other Neighbor Would Be The Bad Guy

 

[nextwife]

S0 the duplex had legal access to the back via the carport and has now blocked it? There is no legal easement or right of way over your property?

Seems to me it was your neighbor who landlocked his own backyard by constructing across his access without arranging an alternate legal access.

If that is the case, you have the right to put up a fence in accordance with local building code along YOUR lot line. Because you know there may be trouble, have a survey done so you KNOW the fence is correctly placed. The property owner blocked their own access by their own choice- that shouldn't remove your right to enclose your yard.

But don't complain about the long grass!

 

[BelizeBreeze]

Put the damn fence up and place a nanny cam pointing to it. Then, when the neighbor touches it, call the police.

Or better still, I know a 6'4" 235 lbs gorilla who is just tired enough of a$$holes in this life that he would gladly come over and have a 'come to jesus' meeting with this jerk.

 

[nextwife]

But Breezey, if they have to remove the (likely illegally built) carport wall/rec room the pool table'll get all wet.

 

[gryndor]

Why It was Built Right on the propery Line is Beyond Me ...

Aren't there easement issues there? Like no structure can be erected within x amount of feet from the property line? Maybe you could force him to take down the carport... Just a thought.

Gryn

 

[nextwife]

Evidentally the set-back requirements allow for zero lot line construction. Although, if there are power lines back, there, they'd need to be able to get cherry pickers back to the lines. Usually, such lot line construction is only allowed where rear access is still available via an alley or some other rear access.

What I don't understand is where the utility access may be. Probably the carport was intended to be the rear yard access. I would doubt this adaptation of closing the car port was done with a permit, or meets code. One can't expand their house on the presumption their neighbor should just make their yard available for passage!

 

[wtd]

In many jurisdictions building setbacks differ for various types or parts of a building - i.e. open carport - 1', enclosed portion of the building 10', etc., so this fellow's carport setback may well be within code, however, after a bright idea, several trips to Home Depot and 3 weekends later - Voila! - a new rec room, may very well not be within code. If you wish to pursue this, a call to your local planning department might be helpful. If cited by the building or zoning department, usually there will be a public hearing and your neighbor will get the chance to explain the building and make a case for it remaining as is, and getting a setback variance or if he's not convincing he may be required to return it to it's original condition.

Regardless, where his building is and what's been done to it, code or no code, has no effect on your proposed fence. As long as it's on your property and abides by code setback - yes some jurisdictions have fence setbacks - you may build it. If fence permits and inspections are required for your jurisdiction, when you call for inspection the inspector will most likely notice the enclosed portion of the house, ask a few questions and get the ball rolling regarding your neighbors setback encroachment.

wtd