Posted on: 08th Oct, 2008 08:05 pm
I live in Florida.
Two years ago my southerly neighbor to my rear came to my door after building their house claiming ownership of up to two feet of property on my side of my fence. There is no easement. They have one survey from 2004 showing they are right. Their survey clearly contradicts mine. They purchased this as vacant land in 1997 but never had a survey done until 2004, right before their house was built.
I have three seperate and consistent surveys from three different surveyors showing my original concrete markers as far back as 1988 when my house was built. I also have the original building permit from 1989 when my fence was originally placed which clearly shows the fence to be 6 inches inside of the markers and therefore my property line. My westerly neighbor has a survey from 2006 showing our adjoining concrete markers and fences from yet another surveyor which agrees with mine. I purchased my house in November of 2003.
After threat of tearing down my fence from their attorney last November, I did some research and felt that I was within my rights to leave the fence and the markers as the have always been. Based on my research, I wrote identical letters to my neighbor and their attorney outlining my position. Since I did not hear back from their attorney, I assumed I was correct.
Unbeknownst to me, in April of this year they pulled a permit with their survey to "move the fence to the property line" and in early July 2008 they moved my fence while I was at work. I got a letter from them a month later explaining that I gave them no choice. They stated that they could only move the fence one foot due to several large trees but insisting that they hold claim to the other foot still inside my fence.
Who is actually the owner of the two feet of property in question??
I really could use some advice on how to handle this situation.
Thanks!
Robin
Two years ago my southerly neighbor to my rear came to my door after building their house claiming ownership of up to two feet of property on my side of my fence. There is no easement. They have one survey from 2004 showing they are right. Their survey clearly contradicts mine. They purchased this as vacant land in 1997 but never had a survey done until 2004, right before their house was built.
I have three seperate and consistent surveys from three different surveyors showing my original concrete markers as far back as 1988 when my house was built. I also have the original building permit from 1989 when my fence was originally placed which clearly shows the fence to be 6 inches inside of the markers and therefore my property line. My westerly neighbor has a survey from 2006 showing our adjoining concrete markers and fences from yet another surveyor which agrees with mine. I purchased my house in November of 2003.
After threat of tearing down my fence from their attorney last November, I did some research and felt that I was within my rights to leave the fence and the markers as the have always been. Based on my research, I wrote identical letters to my neighbor and their attorney outlining my position. Since I did not hear back from their attorney, I assumed I was correct.
Unbeknownst to me, in April of this year they pulled a permit with their survey to "move the fence to the property line" and in early July 2008 they moved my fence while I was at work. I got a letter from them a month later explaining that I gave them no choice. They stated that they could only move the fence one foot due to several large trees but insisting that they hold claim to the other foot still inside my fence.
Who is actually the owner of the two feet of property in question??
I really could use some advice on how to handle this situation.
Thanks!
Robin
Hi Robin!
Welcome to Forums!
You have three separate and consistent surveys from three different surveyors and if all of them support your claim, then I think the two feet of property in question is yours. But as your neighbor has taken the help of the attorney, I think it will be better if you could take some legal help. The adviser will tell you whether you should file a case against them.
Feel free to ask if you have further queries.
Sussane
Welcome to Forums!
You have three separate and consistent surveys from three different surveyors and if all of them support your claim, then I think the two feet of property in question is yours. But as your neighbor has taken the help of the attorney, I think it will be better if you could take some legal help. The adviser will tell you whether you should file a case against them.
Feel free to ask if you have further queries.
Sussane