Privacy Fence Rules and Regulations in Florida

There are several rules concerning privacy fences in Florida.

The right to reasonable privacy as a homeowner allows residents the maximum amount of the land they own for their own purposes. Sometimes the right to privacy can include putting up a privacy fence to keep nosy people out while keeping private matters in. In Florida there are several rules and regulations to make sure the rights of the homeowner to privacy and to freedom are protected.

Not on the Easement

According to the Handbook of Florida Fence and Property Law, an easement is "a benefit based in land ownership, other than the sharing of profits, that gives someone the right of use or enjoyment of another person's land for a special purpose not inconsistent with the general property rights of the owner." While there is no specific law stating an adjoining easement cannot be fenced by a property owner, the precedent set by Florida courts in the case of Prime West, Inc. v. Camargo is to remove the fence. Since an easement is usually shared by more than one party, privacy fencing an easement would be an unfair monopoly of the use of that land.

Do Not Create a Nuisance

While putting up a privacy fence is considered by Florida law to be a reasonable use of the property, there are several types of fences that would constitute an unreasonable style or height. These types of fences can cause neighbors to feel isolated from the neighborhood and hinder the natural beauty of their surroundings. This is construed as a nuisance, and Florida regulations prohibit privacy fences that prove to be nuisances. Two classifications of nuisance can be considered grounds for dismantling a privacy fence: when a private nuisance affects an adjoining household (when a neighbor cannot see the rest of the neighborhood because of the privacy fence); and a public nuisance that may affect the whole neighborhood (e.g., an electric or barbed wire fence).

Fence Contract

While not the law in the state of Florida, having a fence contract with your neighbors is a recognized way to avoid disputes pertaining to the construction and maintenance of the privacy fence. To be legally viable, this contract must include the names and signatures of all concerned parties, a description of the land involved, the date of execution, two witness signatures (and if possible, a notary signature), and details on agreed damages to be paid to offended parties should the contract be broken. While this may seem like a great deal of consideration before constructing a privacy fence, a fence contract acts as a deterrent and is admissible as evidence should a neighbor decide to sue.

References

• EDIS: Handbook of Florida Fence and Property Law