Neighbor Boundary Disputes: Trees, Fences, Noise, and More

Agenda / Content Covered

1. Proving the Legal Basis of Neighbor Disputes: Common Law, Statutory Law, Etc.
   10:00 — 11:00, M.B. Adelson
   1. Unwanted Noise, Light, and Blight
   2. Disputed Property Lines
   3. Encroachments: Buildings, Fences, Roof Overhangs, Retaining Walls, Etc.
   4. Blocked Views
   5. Spite Fences
   6. Trees on Property Lines: Potential and Actual Damage, Pruning, and Other Issues
   7. Drainage and Other Water Damage/Contamination Issues
   8. Earth Movement
   9. Easement Issues: Ingress, Egress, Trespass, and Encroachment
2. Key Causes of Action Elements in Neighbor Disputes
   11:15 — 12:15, M.B. Adelson
   1. Nuisance or Abatement Actions
   2. Easements: Implied, Prescriptive, Equitable, Etc.
   3. Negligence
   4. Trespass
   5. Regulatory Non-Compliance and Code Violations
   6. Boundary by Acquiescence
   7. Adverse Possession
   8. Quiet Title Actions
   9. Curative Deeds and Boundary Agreements
3. Is There a Dispute? Evaluating the Evidence
   12:15 — 1:15, M.B. Adelson
   1. Reviewing Ownership Documents
   2. Obtaining Plans and Permits
   3. Reading Land Surveys and Legal Descriptions
   4. Getting Tax Records
   5. Analyzing the Historical Record
4. Strategies for Resolving Neighbor Disputes Outside of Court
   1:45 — 2:45, M.B. Adelson
   1. Reviewing Pre-Existing Encroachment Agreements
   2. Creating New Encroachment Agreements
   3. Identifying Implied Rights to Continue and Maintain Encroachment
   4. Entering Into Settlement Agreements
   5. Using Police Complaints Wisely
   6. Complaining to Government Agencies
   7. Negotiating Lot Line Adjustments
   8. Engaging in Mediation
5. Litigating Neighbor Boundary Disputes
   2:45 — 3:45, M.B. Adelson
   1. Initiating Proceedings: Lis Pendens, Etc.
   2. Using Restraining Orders
   3. Obtaining Injunctions
   4. Pursuing Declaratory Judgements
   5. Using Surveyors and Other Experts
6. Ethical Considerations
   4:00 — 5:00, M.B. Adelson
   1. Attorney's Fees
   2. Conflicts of Interest
   3. Pro Se Litigants
   4. Terminating Representation

Accreditation Details:

M.B. Adelson , LL.M., is the managing member of the Law Offices of M.B. Adelson IV, P.A., in Tallahassee, Florida. He practices throughout Florida and consults nationwide on property and property rights law, natural resources (especially water) and environmental law; property title and boundary issues, easements, shoreline property rights and submerged lands; public lands, resource conservation, agriculture, protected species; fisheries resources; boat ramps, docks, marinas, and waterway access; local, state and federal regulatory agency licensing, permitting, compliance, and remediation; firearms ownership and firearms business laws; inheritance estates and trusts; business entity formation and operation; professional ethics; and administrative and judicial trial and appellate litigation. Mr. Adelson is a certified mediator, a member of The Florida Bar and is admitted in the Florida federal courts. He served in the Florida Department of Environmental Protection, the Florida Department of Natural Resources and has been in private practice since 2001. Mr. Adelson is a retired U.S. Army officer. He is a federal firearms license (FFL) holder and he advises and supports firearms owners, manufacturers, retailers, and shooting ranges. He is active in the FSU College of Law Environmental Law Society, Moot Court teams and other college and community related activities. Mr. Adelson holds a B.A. degree from Virginia Military Institute, a M.S. degree and M.B.A. degree from Florida Institute of Technology, and a J.D. degree and LL.M. degree from Florida State University College of Law. His LL.M. degree dissertation studied shoreline property rights and associated access/egress easements.