Property Line Disputes / Boundary Disputes

Tampa Property Line & Boundary Dispute Lawyers

Protecting Property Boundaries in Hillsborough, Pinellas, Pasco & Sarasota Counties

Property line disputes are more than just frustrating — they can disrupt your daily life and strain relationships with neighbors. If you’re facing a disagreement about the boundaries of your property, you’re not alone.

Florida’s booming real estate market adds fuel to the fire. Hundreds of thousands of homes are going up for sale, and the rush of property transactions is creating complications as Florida grows and evolves.

Adding to the mix, property laws can be confusing. Boundary agreements from decades or even centuries ago may blur the lines of ownership today. Combine this with unclear surveys and ambiguous deeds, and it’s no surprise that property disputes are becoming more common across the Sunshine State.

These challenges are not insurmountable. Call (813) 491-8272 or reach out online for a free consultation with dependable property line attorneys.

How Are Boundary Lines Determined in Tampa?

Determining boundary lines begins with your property deed, which includes a legal description of the land. Florida law also uses professional surveys to establish precise boundaries. Licensed surveyors combine historical records, legal descriptions, and physical markers to produce precise property maps that comply with Florida’s Minimum Technical Standards.

Plats, or subdivision maps filed in accordance with Florida Statutes Chapter 177, are another essential resource for identifying boundary lines. These plats provide detailed layouts of land parcels, public roads, and easements, helping define ownership and land use.

Types of Boundary & Property Line Disputes

Boundary and property line disputes come in many forms and understanding what you’re dealing with is the first step toward a resolution. Below are the most common types of conflicts property owners face.

The 7-Year Boundary Rule & Adverse Possession

Adverse possession allows someone to claim ownership of a property if they’ve openly used and maintained it for at least seven years without permission from the original owner. This rule can cause headaches for landowners unaware that such claims have been established on their property.

Encroachment

Encroachment happens when a structure or improvement, like a fence, driveway, or even a tree, crosses into your property. These issues may seem minor, but over time they can escalate into larger disputes, especially when something valuable is involved.

Easement Disputes

Easements grant someone the legal right to use part of your property for a specific purpose, such as accessing a shared driveway or utility lines. Disputes arise when easement rights are unclear or improperly used.

Trespassing

Trespassing issues occur when individuals enter or use your property without permission. Although related to encroachment, trespassing is usually temporary, but the violation of boundaries can lead to larger concerns such as safety issues.

Boundary Line Agreements or Errors

Disputes can arise when boundary line agreements are unclear or incorrectly recorded. Issues can also arise when physical markers are lost or destroyed, or when historical records become difficult to interpret. For example, a property dispute in Riviera Beach made headlines when a dock construction project conflicted with unclear markers dating back to 1858.

Shared Property Maintenance Disputes

When property features like shared driveways, walls, or fences require maintenance, disagreements can arise over who is responsible for the cost or upkeep. Questions about the fairness of cost-sharing, the urgency of repairs, or even disagreements over the quality of work can complicate the situation further.

Zoning or Land Use Issues

Conflicts can also arise due to zoning laws or land use restrictions, especially if one property owner’s intended use of their land infringes on another’s enjoyment of their property.
Successfully navigating and resolving conflicts requires a clear understanding of these types of disputes. Backed by a strong track record of favorable outcomes and settlements in real estate, Burnett Law is uniquely equipped to guide you through complex boundary and property line conflicts.

Defenses Against Property Line Disputes

Property line disputes, especially claims of adverse possession, can pose serious challenges to landowners. Fortunately, property owners have several defenses and strategies to protect their land from adverse possession and similar disputes.

Maintain Clear and Visible Property Boundaries. Install fences, hedges, or other physical markers to delineate your land and prevent unintentional encroachments. Make periodic inspections to ensure that no structures or uses have crossed the boundary lines.
Address Encroachments Promptly. If you notice any encroachments — such as a neighbor’s fence or structure crossing onto your land — address them immediately. If necessary, send a formal legal notice requiring the removal of the encroachment to avoid setting a precedent of permissiveness.
Regular Property Surveys. Conduct regular professional surveys of your property, especially before purchasing new land or making major improvements. A survey provides a legal record of your property boundaries and can prevent misunderstandings.
Post “No Trespassing” Signs. Open and notorious use is a key condition for adverse possession claims. By posting “No Trespassing” signs and restricting access to your property, you signal that entry onto your land is unwelcome and unauthorized.
Monitor and Review Property Tax Payments. Adverse possession in Florida requires the claimant to pay property taxes on the disputed land. Be vigilant in ensuring that you’re the one paying taxes on your entire property.
Use Written Permission for Temporary Use. If you allow someone to use part of your property — whether for parking, farming, or any temporary activity — document this agreement with a written, revocable license. This establishes that their use is permissive, not adverse, preventing future claims of ownership.
Legal Action When Necessary. If someone is trespassing or encroaching on your property and refuses to leave or correct the issue, legal action may be necessary. Options include filing an ejectment claim or seeking an injunction to stop further encroachment or unlawful use.
Consult with a Legal Professional. Navigating boundary disputes and adverse possession claims can be difficult, so seeking advice from a property lawyer is essential. At Burnett Law, we can provide guidance on documenting your property rights, resolving disputes via settlements, and defending against adverse possession attempts in court.

Put an end to boundary confusion. Call us at (813) 491-8272 or connect online today for a free consultation on how to secure your property.

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Experienced Attorneys Dedicated to Your Success
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We’re not afraid to take your case to court and have a strong track record of achieving favorable verdicts and settlements.
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How to Resolve Boundary Disputes in Florida

Handling a boundary dispute requires a mix of legal knowledge, practical problem-solving, and a clear understanding of your rights as a property owner. Below are some common avenues to pursue if you’re facing these issues.

Ejectment Claims

Ejectment is a legal remedy that helps property owners reclaim their land when someone occupies it without permission. If a neighbor encroaches on your property or an unauthorized person refuses to leave, an ejectment claim can resolve the dispute and restore your control.

This remedy is especially useful for clarifying ownership rights. Under Florida law, property owners are entitled to use and enjoy their land. When someone unlawfully occupies it, Florida Statutes § 66.021 allows those with a superior property claim to file an ejectment action.

The Ejectment Process

Filing an ejectment claim involves several steps. Here’s an outline of how it works in Florida:

Defining Boundaries - The first step is determining and verifying property boundaries. This typically requires a professional property survey and a review of your deed.
Filing the Claim - Involves filing in the appropriate Florida court. When filing, the property owner asserts their legal rights and provides evidence that the defendant is unlawfully occupying or encroaching on their property.
Legal Notice - The person or party occupying the property must receive formal notice about the ejectment claim. This allows them to respond and present their side of the story.
Litigation and Resolution - If the matter cannot be settled amicably, it will proceed to court. At this stage, the judge will evaluate the evidence and issue a ruling.
Restoring Possession - If the court rules in favor of the property owner, the unauthorized occupant will be ordered to vacate, restoring the property to its rightful owner.

Mediation

During mediation, a neutral third party works with both sides to facilitate open communication and help reach a mutually agreeable resolution. This option is particularly effective for disputes between neighbors, as it helps preserve relationships. A lawyer can play a valuable role during mediation by advising their client on legal rights and ensuring any agreements are fair and legally sound. They can also help draft the final agreement to prevent future disputes.

Understanding your legal options and acting promptly can help protect your property rights and maintain peace with your neighbors. Consulting with knowledgeable property attorneys at Burnett Law can help you work toward a favorable outcome.

Over 25 Years of Helping Property Owners Protect What’s Theirs

When your property’s boundaries are threatened, our team is here to defend and provide guidance. Since 1998, we’ve helped residents in the Greater Tampa-Fort Lauderdale Region fight for their property rights.

We offer a range of services to address boundary disputes, including:

Filing and defending against adverse possession claims.
Pursuing ejectment actions to remove unlawful occupiers.
Assisting with negotiations to resolve easement and encroachment issues.
Representing clients in mediation or litigation to settle disputes.

Thousands of Florida residents have trusted Burnett Law to resolve their disputes. This trust fuels our dedication to working towards the outcome you deserve. No matter how complex or urgent the issue, we commit ourselves to doing everything we can, because it’s not just land — it’s your home, your investment, your livelihood.

Your property, your rights — don’t compromise. Contact (813) 491-8272 or reach out to us online for a free consultation.

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Tampa, FL 33602

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