Miami Property Line Dispute Lawyer | Florida Boundary & Encroachment Cases

Property line disputes often start with an encroachment-a fence, driveway, landscaping, or structure that crosses a boundary. Surveys, deeds, plats, and longstanding use can all matter. Revah Law handles boundary and encroachment disputes with an eye toward practical resolution and, when needed, litigation to protect ownership rights and property value.

Revah Law represents clients in Miami-Dade, Broward, and Palm Beach Counties, and throughout South Florida.

If you need help with this issue, contact Revah Law to discuss next steps and strategy.

Governing Florida Law

Boundary disputes frequently overlap with Florida’s adverse possession statutes, including § 95.16 and § 95.18.¹ Florida case law applies these statutes in ways that can be dispositive in fence‑line and encroachment disputes.²

Table of Contents

• Understanding Boundary Disputes in Florida
• Common Causes of Boundary Disputes
• How to Resolve Boundary Disputes in Florida
• The Role of a Boundary Dispute Attorney
• Adverse Possession and Boundary Disputes
• The Importance of a Property Survey
• Boundary by Acquiescence and Boundary by Agreement
• Frequently Asked Questions (FAQ)

Boundary and Property Line Disputes in Florida - Common Scenarios

Boundary disputes are a common source of conflict between neighboring property owners. These disputes can arise from a variety of issues, such as a disagreement over the location of a property line, an encroachment by a neighbor, or a dispute over a shared fence or driveway. Boundary disputes can be emotionally charged and legally complex, which is why it is so important to have an experienced Florida boundary dispute lawyer on your side.

What is a Boundary Dispute?

A boundary dispute is a legal disagreement between two or more property owners about the location of their property lines. These disputes can involve a wide range of issues, from a simple disagreement over the placement of a fence to a complex legal battle over the ownership of a strip of land. A Miami property line attorney can help you understand your rights and options in a boundary dispute.

The Importance of Resolving Boundary Disputes

It is important to resolve boundary disputes as soon as possible, as they can have a significant impact on your property rights. A boundary dispute can affect your ability to sell or refinance your property, and it can also lead to costly litigation. An experienced Florida boundary dispute lawyer can help you resolve your dispute in a timely and cost-effective manner.

How Boundary Disputes Arise

Boundary disputes can arise in a number of ways. They can be caused by an inaccurate property survey, a poorly drafted deed, or a misunderstanding between neighbors. They can also arise from a neighbor encroaching on your property, such as by building a fence or a shed that extends over the property line. Whatever the cause of your dispute, a Miami property line attorney can help you find a solution.

Common Causes of Boundary Disputes

Boundary disputes can arise from a variety of sources. Understanding the common causes of these disputes can help you identify potential issues with your own property and take steps to prevent a dispute from arising. A Florida boundary dispute lawyer can help you investigate the cause of your dispute and can advise you on the best way to resolve it.

Inaccurate Property Surveys

An inaccurate property survey is one of the most common causes of boundary disputes. A survey can be inaccurate for a number of reasons, such as a mistake by the surveyor, the use of outdated equipment, or a failure to properly research the property records. If you believe that your property survey is inaccurate, a Miami property line attorney can help you obtain a new survey and can take legal action to have the correct boundary line established.

Poorly Drafted Deeds

A poorly drafted deed can also lead to a boundary dispute. A deed is a legal document that transfers ownership of a property. If the deed contains an inaccurate legal description of the property, it can create confusion about the location of the property lines. An experienced Florida boundary dispute lawyer can review your deed to identify any potential issues and can help you take steps to correct them.

Encroachments

An encroachment is when a neighbor builds a structure or other improvement that extends onto your property. This can include a fence, a shed, a driveway, or even a portion of a house. If a neighbor has encroached on your property, you have the right to take legal action to have the encroachment removed. A Miami property line attorney can help you negotiate with your neighbor or can file a lawsuit to have the encroachment removed.

Adverse Possession

Adverse possession is a legal doctrine that allows a person to gain ownership of a property by possessing it for a certain period of time under certain conditions. If a neighbor has been using a portion of your property for a long period of time, they may be able to claim ownership of that portion of the property through adverse possession. A Florida boundary dispute lawyer can help you defend against a claim of adverse possession and can take steps to protect your property rights.

How to Resolve Boundary Disputes in Florida

There are several ways to resolve a boundary dispute in Florida. The best method will depend on the specific facts and circumstances of your case. An experienced Florida boundary dispute lawyer can help you evaluate your options and can develop a strategy that is tailored to your needs.

Negotiation

Negotiation is often the first and best way to resolve a boundary dispute. This involves talking to your neighbor and trying to reach a mutually acceptable agreement. Negotiation can be a less costly and time-consuming alternative to litigation, and it can help preserve your relationship with your neighbor. A Miami property line attorney can help you negotiate with your neighbor and can draft a settlement agreement to formalize the terms of your agreement.

Mediation

Mediation is another option for resolving a boundary dispute. Mediation involves a neutral third party who helps the neighbors reach a mutually acceptable agreement. The mediator does not make a decision, but rather facilitates the negotiation process. Mediation can be a good option if you and your neighbor are having difficulty communicating or if you have reached an impasse in your negotiations.

Quiet Title Action

If negotiation and mediation are not successful, you may need to file a quiet title action with the court. A quiet title action is a lawsuit that asks the court to determine the rightful owner of a property and to extinguish any other claims to the property. A quiet title action can be used to resolve a boundary dispute by having the court establish the correct boundary line. A Florida boundary dispute lawyer can represent you in a quiet title action and can help you obtain a court order that definitively establishes your property rights.

Declaratory Judgment

A declaratory judgment is another legal remedy that can be used to resolve a boundary dispute. A declaratory judgment is a court order that declares the rights and obligations of the parties. A declaratory judgment can be used to have the court determine the location of a property line or to interpret a deed or other legal document. A Miami property line attorney can help you determine if a declaratory judgment is the right option for your case.

The Role of a Boundary Dispute Attorney

Navigating a boundary dispute can be legally complex and emotionally draining. A Florida boundary dispute lawyer can provide you with the legal expertise, guidance, and representation you need to protect your property rights and achieve a favorable outcome.

Why You Need a Boundary Dispute Attorney

A boundary dispute can have significant consequences for your property rights. If the dispute is not resolved correctly, you could lose a portion of your property or be forced to remove structures that you have built. A Miami property line attorney can help you understand your rights and options and can take action to protect your interests.

How a Boundary Dispute Attorney Can Help

A boundary dispute attorney can provide a wide range of services, including reviewing your deed and property survey to identify any potential issues, advising you on your legal rights and options, negotiating with your neighbor to try to resolve the dispute, drafting and filing a lawsuit if necessary, representing you in court, and enforcing any judgment you may obtain.

What to Look for in a Boundary Dispute Attorney

When choosing a boundary dispute attorney, it is important to select a lawyer with experience in real estate litigation. Look for an attorney who is knowledgeable about Florida property law and who has a proven track record of success in handling boundary dispute cases. It is also important to choose an attorney who is a good communicator and who will keep you informed about the progress of your case.

Adverse Possession and Boundary Doctrines (Acquiescence, Agreement)

Adverse possession is a legal doctrine that can play a significant role in boundary disputes. It allows a person to gain ownership of a property by possessing it for a certain period of time under certain conditions. A Florida boundary dispute lawyer can help you understand how adverse possession may affect your boundary dispute.

What is Adverse Possession?

Adverse possession is a legal doctrine that allows a person to gain ownership of a property by possessing it for a certain period of time under certain conditions. In Florida, a person must possess a property for at least seven years, and the possession must be open, notorious, hostile, and exclusive.

How Adverse Possession Relates to Boundary Disputes

Adverse possession can be relevant in boundary disputes when a neighbor has been using a portion of your property for a long period of time. If the neighbor can prove that they have met the requirements for adverse possession, they may be able to claim ownership of that portion of the property. A Miami property line attorney can help you defend against a claim of adverse possession.

Defending Against Adverse Possession

If a neighbor is claiming adverse possession of a portion of your property, there are several defenses that may be available to you. These include proving that the neighbor’s possession was not open and notorious, that it was not hostile, or that it was not continuous for the required period of time. A Florida boundary dispute lawyer can help you evaluate your defenses and can take action to protect your property rights.

The Importance of a Property Survey

A property survey is an essential tool in any boundary dispute. It provides an accurate depiction of the property lines and can help resolve disputes over the location of the boundary. A Florida boundary dispute lawyer can help you obtain a property survey and can use it to support your case.

What is a Property Survey?

A property survey is a detailed drawing of a property that shows the location of the property lines, any structures on the property, and any easements or other encumbrances. It is prepared by a licensed surveyor who uses specialized equipment to measure the property.

Why a Property Survey is Important

A property survey is important because it provides an accurate depiction of the property lines. This can help resolve disputes over the location of the boundary and can prevent future disputes from arising. A property survey is also typically required when you sell or refinance a property.

How to Obtain a Property Survey

To obtain a property survey, you will need to hire a licensed surveyor. The surveyor will visit your property, take measurements, and prepare a detailed drawing of the property. A Miami property line attorney can recommend a reputable surveyor in your area.

Boundary by Acquiescence and Boundary by Agreement

In addition to adverse possession, there are other legal doctrines that can affect the location of a property line. These include boundary by acquiescence and boundary by agreement. A Florida boundary dispute lawyer can help you understand how these doctrines may affect your boundary dispute.

Boundary by Acquiescence

Boundary by acquiescence is a legal doctrine that establishes a boundary line based on the long-term acceptance of a boundary by neighboring property owners. If neighboring property owners have treated a particular line as the boundary for a long period of time, that line may become the legal boundary, even if it is not the boundary shown on the deed.

Boundary by Agreement

Boundary by agreement is a legal doctrine that establishes a boundary line based on an agreement between neighboring property owners. If neighboring property owners agree to a particular boundary line, that line may become the legal boundary, even if it is not the boundary shown on the deed.

The Difference Between Boundary by Acquiescence and Boundary by Agreement

The main difference between boundary by acquiescence and boundary by agreement is that boundary by acquiescence does not require an explicit agreement between the parties. Instead, it is based on the long-term acceptance of a boundary. Boundary by agreement, on the other hand, requires an explicit agreement between the parties.

Frequently Asked Questions (FAQ) about Florida Boundary and Property Line Disputes

1. What usually causes boundary disputes in Florida?

Boundary disputes often arise from conflicting surveys, unclear deed descriptions, long‑standing fence lines, encroachments (driveways, walls, structures), and historic use that does not match recorded boundaries. Because boundary disputes frequently overlap with adverse possession or easement arguments, the legal theory matters early.

2. What is “adverse possession” and how does it relate to boundary disputes?

Florida’s adverse possession statutes are primarily found in § 95.16 (adverse possession under color of title) and § 95.18 (adverse possession without color of title).¹ Florida Supreme Court decisions emphasize that adverse possession requires clear proof and, in some forms of adverse possession, tax payment and statutory compliance can be dispositive.²

3. Can a fence line become the legal boundary?

Sometimes parties argue “boundary by acquiescence” or practical location based on long‑standing recognition. Florida Supreme Court precedent cautions that a fence alone is not necessarily enough, and courts examine whether there was an actual agreement or clear recognition of a boundary line.³

4. What if my neighbor’s structure or driveway encroaches onto my property?

Encroachments can support claims for injunctive relief, damages, or negotiated boundary/easement solutions. The appropriate remedy depends on the encroachment’s scope, whether it was intentional, how long it has existed, and the strength of competing title/possession defenses (including adverse possession or prescriptive easement).

5. Do boundary disputes ever require an ejectment or quiet title action?

Yes. If the dispute turns on superior title or possession rights, a quiet title action or ejectment may be the proper procedural vehicle. Boundary disputes frequently overlap with title defects or clouds, which can be resolved through quiet title litigation under Chapter 65.

6. What evidence matters most in a boundary dispute?

Survey evidence, chain of title, historic aerials, testimony about use and maintenance, permitting records, and tax payment history can all be relevant. Because the claim and defense elements can be technical, counsel can help identify which evidence matters most early.