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Publication #FE677

Handbook of Florida Fence and Property Law: Table of Contents1

Michael T. Olexa and Joshua A. Cossey2

Foreword

With approximately 19,000 livestock farms in the state, along with horse farms, orange groves, soybeans, sugarcane, cotton, peanuts, and many other agricultural and livestock facilities, livestock and farming have a significant impact on Florida's economy. Florida's agricultural economy has been required to co-exist with rapid population and commercial growth in the state over the last twenty-five years. Conflicts between these interests bring to prominence issues such as the rights and responsibilities of adjoining landowners, farmers, and property owners in general. Due to the added importance placed on these areas of real property, the legal aspects of fences in the state of Florida have taken on significant importance.

This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. Discussed areas include a property owner's responsibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, the placement of fences, encroachments, boundary lines, easements, contracts, nuisances, and a landowner's responsibilities towards persons who enter his property.

This handbook should provide a basic overview of many rights and responsibilities that farmers and farmland owners have under Florida's fencing and property law. Readers may value this handbook because it informs them about these rights and responsibilities. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this booklet is based are subject to constant revision, portions of this booklet could become outdated at any time. This handbook should not be viewed as a comprehensive guide to fencing and property laws. Additionally, many details of cited laws are left out due to space limitations. This handbook should not be seen as a statement of legal opinion or advice by the authors on any of the legal issues discussed within. This handbook is not a replacement for personal legal advice, but is only a guide to inform the public on issues relating to fencing and property laws in Florida. For these reasons, the use of these materials by any person constitutes an agreement to hold the authors, the Institute of Food and Agricultural Sciences, the Agricultural Law Center, and the University of Florida harmless for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this booklet.

Acknowledgments

The authors are indebted to Jeffrey R. Dollinger, Esq., Adjunct Professor at the University of Florida Levin College of Law and shareholder in Scruggs & Carmichael P.A., in Gainesville, Florida, for his assistance in critiquing the manuscript draft.

Table of Contents

Background and Definitions (FE104)
Introduction
What is a fence?
Duty to Fence (FE105)
Livestock owners and the animal industry
Summary
Adjoining Landowners (FE106)
How does the law define an adjoining landowner?
As an adjoining landowner, when am I required to raise a fence? If I raise a fence, am I entitled to some contribution from the other landowner?
Summary
Boundaries and Possession (FE107)
What is the distinction between land ownership and possession?
What are the ways to show land ownership?
What are the legal problems of adjoining landowners?
What are encroachments?
If my neighbor puts up a fence that encroaches on my land, how should I react?
What are my legal rights?
Summary
Adverse Possession (FE678)
What is adverse possession?
Summary
Easements and Rights-of-Way (FE108)
What are easements and rights-of-way?
How are easements usually created?
Who is responsible for maintaining an easement?
What other forms of easements can be created or granted to a landowner or party using a piece of property?
If I grant an easement to my adjoining landowner, can that owner use the easement for any purpose?
What are my rights if one of the parties violates the terms of the easements?
What if someone builds a fence blocking an easement?
What is a statutory way of necessity?
Can the landowner be compensated?
Summary
Maintaining the Boundaries and Grounds (FE109)
What is a nuisance?
When do courts find a nuisance?
What other kinds of requirements exist in maintaining boundaries and grounds?
What if pollution crosses from my property to another?
Summary
Fence Contracts (FE110)
What do I need to consider to avoid a future dispute if I create a fence contract?
Summary
Visitors and Responsibilities to Visitors (FE111)
What are the types of people that might enter my property?
Who is an invitee?
To what extent am I, the property owner, responsible for invitees?
Who is a licensee?
To what extent am I, the property owner, responsible for licensees?
Who is a trespasser?
What notice must be provided to a trespasser?
To what extent am I, the property owner, responsible for trespassers?
Child trespassers
Where does an attractive nuisance apply?
Attractive nuisance as applied to drowning:
What is the liability for those people who enter my property to hunt, fish, or for other recreational purposes?
Summary
Eminent Domain (FE679)
What is eminent domain?
The process of eminent domain
What is a taking?
How is fair value determined?
Recent changes in eminent domain law (The Kelo Decision)
What are Florida's laws on eminent domain?
Summary
Glossary (FE112)

Further Information

Circular 1242, Handbook of Florida Fence and Property Law http://edis.ifas.ufl.edu/TOPIC_BOOK_Florida_Fence_and_Property_Law

Footnotes

1.

This is EDIS document FE677, a publication of the Food and Resource Economics Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL. This information is included in the Handbook of Florida Fence and Property Law, Circular 1242. Published November 1999; revised December 2006. Please visit the EDIS website at http://edis.ifas.ufl.edu.

2.

Michael T. Olexa, Professor, Food and Resource Economics Department, and Director, UF/IFAS Agricultural Law Center, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL; and Joshua A. Cossey, third-year law student, Levin College of Law, University of Florida, Gainesville, FL.

The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other extension publications, contact your county Cooperative Extension service.

U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M. University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Larry Arrington, Dean.