Property Survey Dispute
 

Hi, I am new homeowner in the historic side of villages. I bought a house that was built 4 years ago.

Yesterday the man who owned property next door came over to tell me my survey stakes were wrong and he owned the land. He informed me he pulled them out and removed my flags for my dog fence. Went on to tell me Lake county called him to say when house was built the villages made a mistake on property line and he owned the property..( WTH).

I looked up on county site for info and found nothing. I just paid for a survey 3 months ago which included maps.

What can I do? I’m ****ed he took my stakes and destroyed my flags. Help!

Call the cops.

Have you called the survey company to verify the accuracy of their survey?

He had absolutely no right to pull up your survey stakes.
Sounds like he’s going to be a joy to live next door to. :ohdear:

Ditto post #2. Call the police. He stole your property.

“ This is covered specifically by statute in Florida. I have set forth the applicable statutes below:

177.121 Misdemeanor to molest monument or deface or destroy map or plat.—It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to molest any monuments established according to this part or to deface or destroy any map or plat placed on public record.

775.083 Fines.—
(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.”

Hopefully he didn't destroy the wire for the invisible fence

It sounds like he didn't say anything to you prior to pulling up the survey stakes. If that's the case he is really is a jerk and deserves to be charged. Not sure what to say about the survey. Does the survey have legal status? Is the company that did it culpable for any damages if it's wrong? I should think the county would have some information on this.
Hope someone can give you some accurate answers. Hope you don't need an attorney but it might come to that.

Dear OP, this does not bode well for future neighborliness. I’d find out more about who this person is from the other neighbors. If this person is liked in general I’d react differently than if they are known to be a jerk. I find counting on my neighbors in emergency or just for fun makes life more enriched.

When I came back from my trip I found that my neighbor was using the grass by my house for his plants, burning my grass out. I mentioned it to him that I was concerned about my grass. He took his pots of plants and threw them out. He was trying to use the shade on my side to shelter his plants.

A week later he saw I was having trouble bagging my yard waste and he brought his bag holder over for me to use as long as I wanted.
Hubby mentioned in passing he’d like to learn pickle ball, neighbor lent him his racket. Even took him to the court one morning and introduced him to the game.

I wish I could take back asking him to move a few pots from my grass. They were out of the way, I was being petty. Now I’m thinking what can I do for my neighbor?

In conclusion, the person might be more important than the survey line. If the person is usually a jerk, this might not be the home you really want in the long run.

When you bought the house, you should have paid a fee for title insurance. The title company reviewed and approved the legal description of your parcel. The legal description specifies the boundaries of your parcel. The surveyors used this description to place the stakes prior to your closing.

You should contact the title company because they signed off on the legal description. Ultimately, I'm guessing you may also need an attorney.

Get lawyer. He should of disputed the problem it any when the house was built. IMO he’s just being bully, I would get sheriff involved using the showing surveys maps and press charges. No results, let lawyer do his job. And if developers was at fault when house was built sue them.

Between survey and title work, there’s a legal description of the property. The Villages wouldn’t just make a mistake on the property description. Gather facts (talk to county, get survey, get title, etc). May need an attorney

Sounds like you are in for a lifetime of trouble with that neighbor....good luck.

If you paid for a survey, the surveyor should stand behind his work. I would notify the survey company that the survey has been disputed and they need to recheck it for accuracy, and provide you with a plat that clearly shows where the property line is, including dimensions from the house or other landmarks. The surveyor is licensed by the state and does not want a complaint against them. If the survey is correct, then you can construct whatever you want on your property.

first, i would resurvey the lot and make sure im in the right . than sue him for all cost.