Ruskin, FL asked in Real Estate Law and Construction Law for Florida

Q: Can I build a fence on my neighbors property with an "Exclusive Ingress/Egress Landscape and Wall Easement"?

Our "subdivision", built in 2005, is a collection of 1+ acre lots cut up from a former orange grove. There are no traditional subdivision roads. Instead each group of four parcels shares a non-exclusive ingress/egress easement. Our lot is at the end of one of these easements and there are no issues there.

When our builder constructed our lot, they mistakenly located half of our driveway on the adjacent landlocked lot, for which there was no easement. It was simply a mistake. Instead of moving the driveway, the builder, who still owned both lots at the time, created an Exclusive Ingress/Egress Landscape and Wall Easement 15' into the adjoining property even though our driveway only went 7' onto the other lot. Today, the owners of that property no longer take care of their yard and there are numerous unregistered cars. I would like to install a fence to block this view, but to do so, I would need to build on their land. Can I do so give the easement being "exclusive" for the 15'?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Sure, depending on the exact terms of the easement. It appears that the "exclusive" was included to make sure that only you, or subsequent owners of your lot, could use the easement for access. But if it also includes a "wall" easement, it should be no problem for you to build a fence or wall. To be sure, show the easement to an attorney.

A: Probably not. You would need to take the easement documents to a real estate lawyer for review to get a proper answer since they cannot be reviewed here in this online forum.

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