Bill Text: FL S0956 | 2010 | Regular Session | Introduced

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Bill Title: Encroachment Onto Real Property of Others [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs [S0956 Detail]

Download: Florida-2010-S0956-Introduced.html

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Florida Senate - 2010                                     SB 956 
 
By Senator Bennett 
21-00952-10                                            2010956__ 
1                        A bill to be entitled 
2         An act relating to the encroachment onto real property 
3         of others; providing that, in the absence of an 
4         easement or agreement, a person may not erect a 
5         building or other structure on his or her own land if 
6         any part of the building or structure encroaches upon 
7         the adjoining premises; requiring the landowner to 
8         remove the encroaching building or structure, or 
9         specified portions thereof; providing that the owner 
10         of the land encroached upon has a cause of action 
11         against the landowner who encroaches on the adjoining 
12         premises; providing for an award of injunctive relief, 
13         actual damages, costs, and attorney’s fees to the 
14         prevailing party; providing an effective date. 
15 
16  Be It Enacted by the Legislature of the State of Florida: 
17 
18         Section 1. (1) In the absence of an easement or agreement, 
19  a person may not erect a building or other structure on his or 
20  her own land if any part of the building or structure, however 
21  small, extends beyond the person’s legally recorded boundary, 
22  either above or below the surface, to encroach upon the 
23  adjoining premises. 
24         (2) The owner of the land on which the encroaching building 
25  or structure is located shall remove all or that part of the 
26  building or structure which extends beyond the boundary. 
27         (3) The owner of the land encroached upon has a cause of 
28  action in a court of competent jurisdiction against the 
29  landowner whose building or structure encroaches on the 
30  adjoining premises. The court may award to the prevailing party 
31  actual damages, costs, including reasonable attorney’s fees, and 
32  injunctive relief. 
33         Section 2. This act shall take effect July 1, 2010.