[FL] How do trespassing laws work with easements?
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In Florida, property rights are generally clear—even before the formal deed is transferred. Once an estate is settled and the land has been properly surveyed, ownership is considered established. So if a piece of land has been designated as your son's inheritance, then your daughter doesn’t have the right to access it without his permission. Entering his property without that consent would make her a trespasser. The presence of a four-strand barbed wire fence sends a clear signal that the land is private and off-limits to unauthorized visitors.
Even if your daughter has an easement, that only gives her a limited right to come and go for a specific purpose. It doesn’t give her—or anyone else she brings along, like her hunt club—free access to the rest of your or your son’s property. If her boyfriend forced his way through your fence to reach the easement, that would still count as trespassing, regardless of where he was headed.
If your probate attorney told you that your daughter can use “our property” until the deed is officially in her brother’s name, that’s misleading. Once the probate court determines who owns what, those ownership rights take effect—even before the deed is recorded. At that point, your son has the legal right to keep others off his land.
To deal with the trespassing, you should send your daughter and her boyfriend a written notice—ideally by certified mail with a return receipt—telling them they are not allowed on your or your son's land, except to use the easement as specifically intended. Let them know that damaging the fence or going beyond the easement counts as trespassing and property damage. You should also mark your land clearly with “No Trespassing” signs, in line with Florida law. If they ignore your warning, it’s appropriate to contact the local sheriff.
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My husband's estate has been settled and the property has been surveyed that my daughter received. Can she still trespass on her brothers' inherited land?
I understand this situation can be concerning. Has your daughter been trespassing on her brother's property?
The deeds have not transferred yet but she has allowed her boyfriend to break through our 4 strand barbwire fence and trespass on our property to the easement.
Are there any specific boundaries or agreements regarding the property that were outlined in the estate settlement?
Just an easement which is defined on her survey for ingress and egress for her benefit but her hunt club members have to access her property via an easement at the beginning of her property.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your trespassing issue.
My probate attorney is telling me she can use our property until the deeds transfer but he’s been helping her the whole time even though she had her own attorney for the probate case.
Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.
I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.
What state is the property here located in?
Florida
Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.
In Florida, property rights are generally clear—even before the formal deed is transferred. Once an estate is settled and the land has been properly surveyed, ownership is considered established. So if a piece of land has been designated as your son's inheritance, then your daughter doesn’t have the right to access it without his permission. Entering his property without that consent would make her a trespasser. The presence of a four-strand barbed wire fence sends a clear signal that the land is private and off-limits to unauthorized visitors.
Even if your daughter has an easement, that only gives her a limited right to come and go for a specific purpose. It doesn’t give her—or anyone else she brings along, like her hunt club—free access to the rest of your or your son’s property. If her boyfriend forced his way through your fence to reach the easement, that would still count as trespassing, regardless of where he was headed.
If your probate attorney told you that your daughter can use “our property” until the deed is officially in her brother’s name, that’s misleading. Once the probate court determines who owns what, those ownership rights take effect—even before the deed is recorded. At that point, your son has the legal right to keep others off his land.
To deal with the trespassing, you should send your daughter and her boyfriend a written notice—ideally by certified mail with a return receipt—telling them they are not allowed on your or your son's land, except to use the easement as specifically intended. Let them know that damaging the fence or going beyond the easement counts as trespassing and property damage. You should also mark your land clearly with “No Trespassing” signs, in line with Florida law. If they ignore your warning, it’s appropriate to contact the local sheriff.
Trespassing can be charged as a misdemeanor in Florida, and penalties increase if someone damages property or refuses to leave. If calling law enforcement doesn’t stop the behavior, a civil injunction might be needed.
There’s also a serious issue with your probate attorney. In probate cases, the attorney for the personal representative is supposed to represent the estate—not any individual heir. They have a duty to protect and fairly distribute the estate’s assets, not to take sides. If this same attorney has been helping your daughter all along—especially if they drafted a will for her while handling the estate—they may have crossed a major ethical line. That kind of dual representation creates a conflict of interest. It’s especially troubling if they gave her advice that affects access to land that belongs to her brother.
You should speak with a new attorney—someone who specializes in probate and legal ethics in Florida. Share all the details, including your concerns about the current attorney's involvement with your daughter. If the new attorney agrees there’s a conflict, they can help you file a complaint with The Florida Bar and possibly ask the court to remove your current probate attorney from the case.
In short, your daughter likely has no legal right to enter her brother’s inherited land beyond a clearly defined easement. And your current probate attorney’s actions may be compromising the integrity of the estate process. It’s important to act quickly to protect both your son’s property and the fairness of the probate proceedings.
I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!
Thank you for the advice. Now my attorney has sent a draft for the deed to my daughter's attorney and he is requesting that we add the legal description for her 5 acres that her father gifted to her several years before his death. It is nowhere close to her inherited property. Can they legally make me do this?
I'd be happy to help with any new questions you may have, or those on different topics. Simply post your questions on a new and separate page, and I'll be glad to assist. But this is almost a week old now.
