What are Florida’s Statutes of Limitations for Property Encroachment?

Question from MyYard, What are Florida’s Statutes of Limitations for Property Encroachment?

Answer from AI:

In Florida, the statute of limitations for addressing encroachment on private property is typically four years. This timeframe begins when the encroachment is discovered or should reasonably have been discovered. Encroachment refers to unauthorized structures on your property, such as fences or buildings.

Key Points:

1. Statute of Limitations:

   • The general limit is four years under Florida Statutes Chapter 95 for property-related issues like trespass or nuisance.

2. Discovery Rule:

   • The four-year period starts from when you discover the encroachment or when you should have discovered it through reasonable diligence.

3. Ongoing Encroachment:

   • If the encroachment is ongoing, the statute of limitations may begin when the trespass stops, allowing you more time to file a claim.

4. Exceptions:

   • Cases involving fraud or boundary disputes might have longer statutes of limitations, potentially up to seven years.

5. Legal Advice:

   • Consulting a real estate attorney is crucial for personalized guidance, especially if the situation involves complex issues like survey disputes or ongoing trespass.

For more information, you can visit the Florida Statutes to review the relevant sections.