Talk of The Villages Florida - View Single Post - Property Survey Dispute
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Old 08-12-2021, 09:01 AM
OrangeBlossomBaby OrangeBlossomBaby is offline
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Couple of things MIGHT be happening, but the OP won't know until he communicates with his neighbor.

1. Neighbor said they got a CALL from Lake county saying the survey was wrong and the property is his? This is suspicious. Do counties do that here? Don't they always put this stuff in writing?

1a. Is it possible that the neighbor was being scammed by someone looking to make money with a new survey? Is it possible the guy made it up because he didn't like the stakes and just wanted an excuse to take them out himself?

2. Is it possible he did get something in writing, and forgot to mention that/thought it was junk mail and never actually opened it?

2a. That's something the neighbor would need to check on himself.

3. Regardless of WHY he took the stakes out, they were your stakes. Even if it turns out they were on his property, you didn't place them there maliciously, it was in error. That doesn't give him the right to remove it without at least giving you the opportunity to remove it yourself. EVEN if he is right, and even if that really is his property.

Possible solution:

Go to your neighbor, reach out to him. Tell him that now that the stakes are gone, you need to know where to put them back, and your survey company is the one who put them there in the first place, so now you'll need to have him tell you who he spoke with at the County office, so you can follow up and get it straightened out.

He'll either a) give you the information or b) not give you the information.

If he gives it to you, then you'll know who to talk to. If he doesn't, you'll probably end up being transferred a few more times before you get answers.

You want to get in touch with Lake county and find out what THEY say about this. And you want the answer in writing. Whether he's right or you're right, you want that information in writing.

Currently, the only thing the two neighbors combined have, in writing, is the survey which shows the OP is correct. It's technically up to the neighbor to PROVE that that survey is wrong, but as a gesture, you could just make some phone calls and see what you can find out BEFORE you become confrontational.

If there was no such phone call from the county to the neighbor, then get a lawyer.