Pensacola, FL asked in Real Estate Law and Insurance Defense for Florida

Q: My husband and I lived adjacent to an apartment complex. During Hurricane Sally, a tree slightly fell at the complex

and the roots from that tree encroach on our property damaging our fence. 21 feet (.0744 acres) is landlocked property, which we do not own, however, we do own the fence, that is located on the landlocked property. The apartment manager has repeatedly ignored our emails since September. What rights do we have? Can we go to court to force the property manager to pay for damages to our fence even though our fence is located on the landlocked property? We know who own the property. Please advise me....

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It is unclear what you mean when you write that it's your fence, but it is on the "landlocked property" which you don't own. If someone else owns the land upon which the fence is located, the fence is probably theirs too.

And no, you can't force them to pay. If you do get a judgment against them for damages, that wouldn't be the same as an order for them to pay you. You could try to collect the judgment.

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