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.