Property Disputes in Pensacola, FL

Property disputes in Florida are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Find out what you can do if you have a property dispute in Pensacola, Florida. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Pensacola, FL property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

In many situations, a county trial court may request testimony from these individuals. Although, a circuit trial court may have authority in Pensacola.

Common Types of Pensacola, Florida Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagree over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Pensacola where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Pensacola, Florida Property Disputes

A regular cause of legal arguments over property involves trees or other plants. For example, there could be arguments over neighbors trimming limbs or the unauthorized removal of timber. An additional concern in Pensacola is the landscape regulations in the city’s Code of Ordinances. Local laws do what they can to preserve existing trees, and they may become a factor in your lawsuit.

Also, while Pensacola is an urban area, it can run into conflicts with farms as the city expands. The University of Florida reports that more than 30,000 acres in Escambia County support agriculture. When a party from a residential area has issues, they may run into roadblocks from the Right to Farm Act. In general, this legislation allows ranchers and farmers to conduct business without lawsuits that can halt their business.

Legal Process for Boundary Disputes In Pensacola, Florida

Has someone brought a property dispute against you in Pensacola, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Pensacola, FL property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

Because boundary issues often involve fencing, Pensacola residents may need to account for this element. Florida Statutes have general requirements for fences and regulations for specific circumstances. Case in point, there is a long list of steps a neighbor with livestock needs to take when animals escape an enclosure.

Try to Find a Solution with Your Neighbor

Property dispute litigation in , can quickly become costly and time-consuming. To avoid these burdens, consider attempting to resolve the issue directly with your neighbor. Settling without court involvement can save both time and money, benefiting both parties.

Start by opening lines of communication. You can send a letter, email, or make a phone call. If appropriate, consider visiting your neighbor’s home to discuss the matter. A simple, respectful conversation may help clear up any misunderstandings and lead to a mutual agreement.

If direct communication doesn’t resolve the issue, it may be time to consult an attorney. A skilled property lawyer can assess your situation, confirm whether you have legal grounds, and assist in drafting a formal demand letter if needed.

Sending a Demand Letter

This letter will be from your Pensacola attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Pensacola, FL property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

Without a settlement, Pensacola locals can leave the final decision to the 1st Judicial Court of Florida.

Work With an Experienced Local Property Dispute Lawyer In Pensacola, Florida

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or defending a dispute brought against you, you’ll need a lawyer who understands Pensacola property law on your side. An experienced lawyer can help you settle before taking the dispute to court, saving you both time and money. We can even help you connect with an attorney across Florida state lines.

Submit a request online or call us today at (866) 345-6784 to speak with an attorney in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.