![]() |
Quote:
|
Property line dispute
It would be interesting to hear how this dilemma ends. Would be nice to see both parties satisfied and in agreement.
|
Hmmm,,,
Quote:
|
I think your neighbor may have the beginnings of dementia -no joke.
|
First of all, he violated the law by removing survey markers. If he is claiming the land, he has to pay for another survey since you have a resent survey. If it turns out that he is correct, then sue the title company that did your title search.
|
Quote:
“ 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.” What is meant by a monument in this law? Section 177.031, Definitions: “ 13) “P.C.P.” means permanent control point and shall be considered a reference monument. (a) “P.C.P.s” set in impervious surfaces must: 1. Be composed of a metal marker with a point of reference. 2. Have a metal cap or disk bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters “P.C.P.” (b) “P.C.P.s” set in pervious surfaces must: 1. Consist of a metal rod having a minimum length of 18 inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section area of 12.25 square inches and be a minimum of 24 inches long. 2. Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters “P.C.P.” (c) “P.C.P.s” must be detectable with conventional instruments for locating ferrous or magnetic objects.” “ 15) “P.R.M.” means a permanent reference monument which must: (a) Consist of a metal rod having a minimum length of 18 inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section area of 12.25 square inches and be a minimum of 24 inches long. (b) Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters “P.R.M.” (c) Be detectable with conventional instruments for locating ferrous or magnetic objects.” These quotes are from Florida Statutes Chapter 177. Chapter 177 - 2012 Florida Statutes - The Florida Senate I don’t think it is illegal to pull up wooden surveying stakes with ribbons on them used as temporary references, but it is definitely illegal to remove or move a Permanent Control Point or a Permanent Reference Monument. I would suggest that you call Law Enforcement, get through to the chief, and ask what you should do if a permanent marker has in fact been moved. These permanent reference markers are indeed the basis of civilized society, or one of them. The ancient Sumerian law code, written way before the Bible, includes laws about moving property corner stones. As I recall, the punishment was death. There are also laws in the Bible against doing that. If a permanent marker was indeed moved, a full survey isn’t necessary. The company just looks at the survey map, finds the permanent markers on both sides, measures, and puts in a new one. But the police should insist that your neighbor agree to pay for this or be arrested for a misdemeanor. |
Quote:
|
Quote:
Property owners with a border disagreement due to survey errors can protect themselves with a very good title insurance. Title insurance helps protecting defects in the claim that may be because of poor surveying. |
Survey issue?
I’m in the title insurance business in NJ. We insure surveys of properties. Any discrepancy with your neighbor should be directed to your settlement company and surveyor for a possible claim. Try and stay cool with your neighbor as you would also like to see his survey.
Quote:
|
Property/survey dispute
We moved into the Villas LaCresenta a little over a year ago and found property lines run smack dab In-between the Villas, yet you are responsible for care of your neighbors property.
Being new, we started asking neighbors and found there were different interpretations of property rights and responsibilities in caring for greenery on adjoining property. Reading through the Covenants and it says nothing, only referring to common property and right-of-ways. I called TV-CDD and was transferred to appropriate department. She stated how the property lines are calculated and who's responsible for what. I asked for it in writing and she told me that there is nothing in writing, and they won't. So... good luck |
Quote:
|
Contact the sheriff and get a written report of in incident. If necessary go the lady lake courthouse and make them aware of the confusion and ask for their guidance.
Welcome to the villages America’s friendliest hometown, yeah really. |
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. |
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. |
Did you submit application to the Cdd for the fence. If so, go back to them
|
One would assume the surveyor was correct , report the neighbor and replace the stakes as close as remembered and tell neighbor to resurvey or buzz off
|
Whoa, what a mess. Your neighbor is clearly off the rails..... he sounds like he's either crazy or has dementia. Either way, it could be a dangerous situation. Your problem is way more serious that the property line. It sounds like the voices in his head told him the property is his.
|
Quote:
Very interesting because usually with an invisible fence those trsining flags are placed a few feet inside the actual property line. So if this neighbor pulled them out from there..well he really has a bee in his bonnet. What kind of dogs? |
Quote:
|
Quote:
|
Quote:
|
I have a very nasty, opinionated, land greedy, designer home neighbor and I let her get away with it for 12 years before I politely asked her to abide by the deed regulations. She refused to come into compliance and threatened to gouge my eyes out. I'm sorry I didn't call Deed Restrictions when she first landscaped and make her abide by the rules but I wanted to be friends---silly me. I also should have called the police when she threatened to gouge my eyes out but I took the high road. Of course she had never applied for an ARC permit and was made to come into compliance immediately. Good luck. You can usually use the irrigation system as a guide because it's supposed to be on the property lin.
|
Quote:
|
Quote:
|
Quote:
Not for anything, but wouldn't this info, property maps, be available at the local library, or town hall? Especially if it's in historic, could very easily be there for all to see....on microfiche!!! lol (Sorry- couldn't resist) Good luck with this |
Quote:
|
Quote:
|
Cops can’t do anything, they will say it’s a civil matter
|
Quote:
Based on this a title insurance company issued a policy and there are only 2 underwriters in the USA then then peninsula or other closer marks that policy up 300% - that us a fact. When you read the policy it’s frightening as there is a hold harmless clause in the end the dispute will need a survey original documents a lawyer and maybe a second thought as to why stay here when you don’t really own your land even after the bond is paid off. The maintenance portion on your taxes is another lien. |
Quote:
|
Quote:
It’s bottom feeding lawyer time |
Quote:
Your story hurts, I am sorry you did not get the help you needed. There is a group in TV called “Caring Neighbors” that might have suggested some help. There are patches in TV where you definitely have snobs, etc. no chance of them helping! But those areas and people seem to be in small numbers. I hope you luck in where you are next, among good and caring people. |
Quote:
|
It may be your property and he may be trying to take advantage of you because he’s been there for awhile and was used to having his own way, or maybe he doesn’t want to put that fence up. Either way, use survey results and involve the local authorities. If it’s your property , don’t give in and request your stakes and flags that he discarded be returned. Remember, if he’s like this now , what he be like down the road.
|
Quote:
|
In some states it is a class four felony to remove a surveyor's stakes/markers. Check Florida.
|
Quote:
|
Ohiobuckeye
Quote:
|
Survey Dispute
Quote:
Second, call the surveyor who did the survey, explain what happened and ask them to come out and reshoot the line and mark the corners. They should be agreeable as they have a stake in it, too (pun intended). Third, tell your neighbor, please don’t remove the stakes, they have been checked twice now. If you think they are wrong, here’s the number for the surveyor that did it, or call a surveyor of your own and have them take a look. Over time, people forget where property lines are and we all tend to encroach a little as in mowing or putting pot planters down, etc., especially on parts of adjoining properties that aren’t used much by the other property owner. Also, as a quick visual reference, utility equipment such as transformers, cable or telephone boxes, gas line post markers, street lights and such are usually located pretty much on, or very close to the property lines. I’ll bet with the surveyors. Your neighbor is probably confused, and you are most likely fine. |
Quote:
|
All times are GMT -5. The time now is 02:41 AM. |
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
Search Engine Optimisation provided by
DragonByte SEO v2.0.32 (Pro) -
vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.