Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Property Survey Dispute (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/property-survey-dispute-322702/)

snsaneholtz@gmail.com 08-12-2021 06:53 AM

Quote:

Originally Posted by Pachine58 (Post 1987337)
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!

First thing to do is call your surveyor and let him know what’s going on. He should be able to give you some guidance. In some States it is illegal to remove property corners.

MacBee 08-12-2021 07:04 AM

Property line dispute
 
It would be interesting to hear how this dilemma ends. Would be nice to see both parties satisfied and in agreement.

donfey 08-12-2021 07:05 AM

Hmmm,,,
 
Quote:

Originally Posted by Pachine58 (Post 1987337)
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!

Sounds like a real "prince" of a guy. I expect he's had problems before. Yes, call the cops, but don't forget The Villages resources, either. I wouldn't spend money and then try to recover the costs later. I WOULD call the surveyors for guidance. Good luck.

Barkriver 08-12-2021 07:16 AM

I think your neighbor may have the beginnings of dementia -no joke.

tsmall22204 08-12-2021 07:21 AM

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.

MandoMan 08-12-2021 07:23 AM

Quote:

Originally Posted by Pachine58 (Post 1987337)
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!

Here is the relevant Florida statute:
“ 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.

retiredguy123 08-12-2021 07:29 AM

Quote:

Originally Posted by NoMo50 (Post 1987635)
Not so. Title insurance is not required for the property owner. An owner's policy is optional, but a lender's policy is typically required if there is a mortgage on the property. This will be a requirement set forth by the lender, not by statute.

Also, a title policy merely warranties clear title to the property involved. It does not warrant the veracity of an individual survey.

Correct, an owner's title insurance policy is optional. But, even if you had a policy, I don't think it would cover a property line dispute like this. Title insurance guarantees a clear title, which is not really at issue in this situation.

Aces4 08-12-2021 07:39 AM

Quote:

Originally Posted by retiredguy123 (Post 1987680)
Correct, an owner's title insurance policy is optional. But, even if you had a policy, I don't think it would cover a property line dispute like this. Title insurance guarantees a clear title, which is not really at issue in this situation.


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.

Mrfriendly 08-12-2021 07:59 AM

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:

Originally Posted by Pachine58 (Post 1987337)
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!


BEETHOVENMIKEY 08-12-2021 08:04 AM

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

Kelevision 08-12-2021 08:19 AM

Quote:

Originally Posted by Thaxxx (Post 1987608)
"Florida's friendliest home town"
He must be from the NE.

:ohdear:

Gizemo33 08-12-2021 08:36 AM

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.

Orvil 08-12-2021 08:41 AM

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.

OrangeBlossomBaby 08-12-2021 09:01 AM

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.

Walker1990 08-12-2021 09:06 AM

Did you submit application to the Cdd for the fence. If so, go back to them

banjobob 08-12-2021 09:18 AM

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

airstreamingypsy 08-12-2021 09:59 AM

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.

Spalumbos62 08-12-2021 10:14 AM

Quote:

Originally Posted by Pachine58 (Post 1987550)
Yes invisible fence just installed and was training the dogs. That’s why flags


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?

KRMACK55 08-12-2021 10:22 AM

Quote:

Originally Posted by patfla06 (Post 1987357)
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:

He’s probably from the NE !! They’re very territorial ! He should get a specialist attorney and get a legal resolution. When the new owner of my house puts in his pool on my oversized lot who knows what he encounters?

KRMACK55 08-12-2021 10:24 AM

Quote:

Originally Posted by golfing eagles (Post 1987378)
Hopefully he didn't destroy the wire for the invisible fence

Of course he will ! That’s why the person needs a lawyer and get a hearing. Once the house I sold you’re on your own.

KRMACK55 08-12-2021 10:25 AM

Quote:

Originally Posted by heims01 (Post 1987395)
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.

He needs an attorney there is something not kosher here. There needs a resolution

cafw1 08-12-2021 10:28 AM

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.

popbaby2 08-12-2021 10:28 AM

Quote:

Originally Posted by Thaxxx (Post 1987608)
"Florida's friendliest home town"
He must be from the NE.

That comment is certainly uncalled for. You must be from the south.

Velvet 08-12-2021 10:29 AM

Quote:

Originally Posted by Gizemo33 (Post 1987740)
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.

Did you read “friendliest”? Notice it did not say”stupidest”.

Spalumbos62 08-12-2021 10:31 AM

Quote:

Originally Posted by MacBee (Post 1987655)
It would be interesting to hear how this dilemma ends. Would be nice to see both parties satisfied and in agreement.


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

KRMACK55 08-12-2021 10:37 AM

Quote:

Originally Posted by Velvet (Post 1987399)
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.

That’s a great story. However I’d never go to the other neighbors to gossip. Your visit would be told to others and create tension. There’s a lot of territorialism here which is bred by these tiny lots too close together. When all of us lived somewhere else in normal life we spoke to our neighbors learned to know them and helped each other. Not here. My lawn person quit couldn’t get anyone to return phone calls and I fractured my hand when movers brought my things in a special soft cast. Not one neighbor helped me and every one of them had a mower and other equipment. They banged on my door not speaking but yelling at me to save my tree and now my grass. I explained they saw my hand and complained to Dzuro. That’s when I made the decision to move here after I was healed. That took 3-4 months ! I even brought all my neighbors tax forms for 2019. The pandemic hit also took 14 months for warranty to fix most of the defects. They never finished. Thank God I sold in a half hour leaving soon and being a woman alone here have little good to say other than it’s very easy to get license registration that’s it. Now I’ll watch all the folks here say good riddance.

walterray1 08-12-2021 10:42 AM

Quote:

Originally Posted by KRMACK55 (Post 1987866)
That’s a great story. However I’d never go to the other neighbors to gossip. Your visit would be told to others and create tension. There’s a lot of territorialism here which is bred by these tiny lots too close together. When all of us lived somewhere else in normal life we spoke to our neighbors learned to know them and helped each other. Not here. My lawn person quit couldn’t get anyone to return phone calls and I fractured my hand when movers brought my things in a special soft cast. Not one neighbor helped me and every one of them had a mower and other equipment. They banged on my door not speaking but yelling at me to save my tree and now my grass. I explained they saw my hand and complained to Dzuro. That’s when I made the decision to move here after I was healed. That took 3-4 months ! I even brought all my neighbors tax forms for 2019. The pandemic hit also took 14 months for warranty to fix most of the defects. They never finished. Thank God I sold in a half hour leaving soon and being a woman alone here have little good to say other than it’s very easy to get license registration that’s it. Now I’ll watch all the folks here say good riddance.

Not going to say good riddance but will say your post makes little sense does not help this situation a bit.

debb3c 08-12-2021 10:44 AM

Cops can’t do anything, they will say it’s a civil matter

KRMACK55 08-12-2021 10:44 AM

Quote:

Originally Posted by champion6 (Post 1987417)
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.

Do you know what happens with a title search? For $330 TV checks legal website for contractors lien that’s one click. The second search is property tax website is to ensure taxes are up to date. That’s the second click.

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.

KRMACK55 08-12-2021 10:45 AM

Quote:

Originally Posted by Topspinmo (Post 1987418)
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.

You’re really funny. This is TV, not a normal community

KRMACK55 08-12-2021 10:50 AM

Quote:

Originally Posted by Topspinmo (Post 1987418)
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.

Sheriff ? This is not Mayberry ! They don’t get involved in these things.think.
It’s bottom feeding lawyer time

Velvet 08-12-2021 10:54 AM

Quote:

Originally Posted by KRMACK55 (Post 1987866)
That’s a great story. However I’d never go to the other neighbors to gossip. Your visit would be told to others and create tension. There’s a lot of territorialism here which is bred by these tiny lots too close together. When all of us lived somewhere else in normal life we spoke to our neighbors learned to know them and helped each other. Not here. My lawn person quit couldn’t get anyone to return phone calls and I fractured my hand when movers brought my things in a special soft cast. Not one neighbor helped me and every one of them had a mower and other equipment. They banged on my door not speaking but yelling at me to save my tree and now my grass. I explained they saw my hand and complained to Dzuro. That’s when I made the decision to move here after I was healed. That took 3-4 months ! I even brought all my neighbors tax forms for 2019. The pandemic hit also took 14 months for warranty to fix most of the defects. They never finished. Thank God I sold in a half hour leaving soon and being a woman alone here have little good to say other than it’s very easy to get license registration that’s it. Now I’ll watch all the folks here say good riddance.

It’s how people speak about a person. Not gossiping, which clues me in.

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.

KRMACK55 08-12-2021 10:55 AM

Quote:

Originally Posted by Papa_lecki (Post 1987429)
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

Never say never ! TV is not perfect and have made major blunders in the past ! They spend major $ on lawyers marketing and consultants then are kind enough to pass that cost onto the residents. It’s all about containment of bad press.many suits are settled that most don’t know about.

HORNET 08-12-2021 11:23 AM

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.

Rose Ann Vinci Igoe 08-12-2021 11:36 AM

Quote:

Originally Posted by Pachine58 (Post 1987337)
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!

Don't get into any dispute with your neighbor.... contact The Villages Property Management to resolve the issue. or ask the people who surveyed to re mark that side of your land, with stakes. Take photo's of where the stakes are... and confirm that IT IS IN FACT PROPERLY MARKED WITH A STATEMENT FROM THE SURVEVORS... SHOW YOUR NEIGHBOR... AND TELL THEM DO NOT PULL THE STAKES UP...BUT YOU DO WANT TO RESOLVE THE PROPERTY LINE SO EVERYONE WILL BE HAPPY.

jimhurtt@twc.com 08-12-2021 11:40 AM

In some states it is a class four felony to remove a surveyor's stakes/markers. Check Florida.

Villagesgal 08-12-2021 01:36 PM

Quote:

Originally Posted by NoMo50 (Post 1987635)
Not so. Title insurance is not required for the property owner. An owner's policy is optional, but a lender's policy is typically required if there is a mortgage on the property. This will be a requirement set forth by the lender, not by statute.

Also, a title policy merely warranties clear title to the property involved. It does not warrant the veracity of an individual survey.

"Clear title to the property involved," means just that, that you own the land. The neighbor says he owns the land. Title company will get involved, they said you have clear title to the property, your neighbor says he owns. Also get realtor involved since there is a dispute on who owns the land that she/he listed and sold to you. Lake County property appraisers office also should get involved, they have maps that clearly show not only the dwelling, but where it sits on the legal parcel of property. You can use that to measure the property boundaries. If the neighbor tries to stop you from measuring, call the Sherriffs office and request an officer come out. Also call the Villages and ask them to verify they did not build the house on the neighbors property. It will take some legwork and time on your part, but you can get all the information to clear this up. I would put up a Ring Video Cam that covers the neighbors property where it joins yours so you can keep an eye on anything he tries to do to what's on your property and your dog. Ring keeps the video, so you can show it to the Sherriff or take it to Court. Good luck. Don't let this neighbor bully you, if you do, it will escalate.

OhioBuckeye 08-12-2021 01:51 PM

Ohiobuckeye
 
Quote:

Originally Posted by Pachine58 (Post 1987337)
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!

Would you still be stuck owning a house or by law could you back out of it if you owned less property that you paid for. That’s a good point you made!

jmaccallum 08-12-2021 01:54 PM

Survey Dispute
 
Quote:

Originally Posted by Pachine58 (Post 1987337)
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!

First off, don’t panic. These lots were platted over 35 years ago and haven’t changed. Surveyors do make mistakes, but rarely twice and if two different surveys were done (one when house was built and one 4 years later when you bought) the likelihood of both being wrong is probably about the same as me winning the lottery (and I don’t play it).

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.

jmaccallum 08-12-2021 02:00 PM

Quote:

Originally Posted by jmaccallum (Post 1987975)
First off, don’t panic. These lots were platted over 35 years ago and haven’t changed. Surveyors do make mistakes, but rarely twice and if two different surveys were done (one when house was built and one 4 years later when you bought) the likelihood of both being wrong is probably about the same as me winning the lottery (and I don’t play it).

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.

And one really last note :icon_wink: If you think your neighbor will be a real hard head and immediately pull up the stakes, ask the surveyor to paint orange survey paint on the ground/grass at the stake point. Your neighbor won’t be able to pull that up, and you can get a can of surveyor paint at Lowe’s or Home Depot to keep the mark visible.


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