As a retired appraiser and buyer of many homes in a number of different states, let me opine on the situation.
It sucks to be sued by your neighbor. I've been through that. It really sucks and no one wins. Usually, it's a standoff. Only the lawyers win.
Developers are famous for screwing up the boundaries of a subdivision. They put fences and driveways in willy nilly with no thought of correct boundaries. This makes homeowners think something is theirs when it is not. And, a reasonable person looking at the parcel would assume the same thing as the poor homeowner. For some reason, probably being cheap, buyers don't order a survey at purchase. They could stop a lot of problems if they did.
I always order an updated survey when I buy a new home. I also pay to have the boundaries marked with stakes. This homeowner did the correct thing. Good for you.
Someone has been nice enough to point out the applicable Florida law. It is a misdemeanor to move the survey stakes. The owner/person who paid for it can remove them, but others may not.
Your neighbor is a piece of work. Obviously, social skills are lacking. You are going to have to find a way to get along with them.
My question for the new owner is did you file your new survey with the transfer of deed? If not, take a certified copy of the survey to the court house. As the clerk of court to attach the survey to the deed. There will be a fee of a few dollars for this filing. This is the legal record.
Call the surveyor and tell them what has happened. It won't be the first time they have encountered this situation. Ask for a referral to a real estate attorney. They will know a good one. Arrange a consultation with the attorney. Bring your deed, survey and pictures of the disputed area. A letter from the attorney to the neighbor advising them of the law and that the survey was certified will probably put a stop to things.
The surveyor needs to return to put the stakes back up. Ask them to use metal pipe with marking tape this time to mark the corners. Temporary wooden stakes are too easy to remove. Pipe requires a lot of effort.
Then, tell the geezer that these are the property lines. Get over it. If he wants to make an issue of it, he needs to pay for his own survey or shut up. It's time for him to put up or shut up.
Depending on the letter from the attorney, you may need to inform him that if he bothers your family, dog or property you will promptly call the police and have him arrested for menacing. If his less than neighborly behavior escalates, ask for a restraining order.
I have an old neighbor with more money than God. She has had her property surveyed 5 times. Three different surveyors with the same result. She never bothered me because I had my property surveyed when I purchased. Her other neighbors weren't so lucky. With GPS surveyors don't make big mistakes.
Good luck. It sucks to have sucky neighbors.
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