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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/)

Mtngirl 08-12-2021 05:46 AM

We have a neighbor just like yours. We had a surveyor do a special surveyor for our one side bordering the neighbor. Found their fence posts were on our property. Only problem is they refuse to believe it and court is the only option. Unfortunately we got an attorney to go to Court, he required a $5,000 non-refundable retainer, then he tells us that in Florida a legal, certified survey is not acceptable in a Florida court without a written explanation attached to the survey AND the surveyor must agree to appear in Court to testify to the accuracy of the survey. We got nothing, not a letter to offending neighbor, NOTHING but that info for $5,000 and if we wanted to go any further he wanted more money. It is the most ridiculous law for a Court to not accept a certified survey. It would be worth it to have a survey done of that property line in dispute and tell whoever you get to attach the written explanation of areas in question as to whether or not that area in question is your property or that horrible neighbors. Odds are it's your property but good luck.........2 1/2 years of us dealing with the same issues and constant harassment acts by our neighbor and no end in sight unless one of us move or we can find tons of $$$ to go to Court. Police are a waste.........will do nothing even though they have stolen well over 12 survey flags we put out showing our property line.

GrumpyOldMan 08-12-2021 05:53 AM

All the suggestions are interesting, but the two most important are, you should have title insurance. The title insurance company is liable for any discrepancies. The developers are not your problem, if the developers made a mistake, that is up to the title insurance company to deal with.

Assuming you have title insurance (I think it is legally required to purchase real-estate in Florida) that is who you contact first.

Second, if he took something that is yours and is refusing to return it, then call the sheriff or police, and/or an attorney - although I expect the value of the stuff you say he took will only qualify for small claims court. I am not familiar with the law enough to say if there was a criminal violation - that is for the police to say.

And finally, I would be looking for a new home in any case. Life is too short to deal with a bully neighbor.

Frame44 08-12-2021 06:00 AM

[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]

Your neighbor sounds like a gem! Go by him a plant and let him use your shade 🌺 the grass will grow back. Happy neighboring😊

lkagele 08-12-2021 06:02 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!

Same thing happened to us when we moved here. It was the neighbor behind us and she was a piece of work. She disputed the property line and eventually called The Villages. Someone came out and told her politely she was full of poop. They used the sprinkler system to show her where the property line was. That's obviously not a legal determination of your property line but it might give you a rough idea where the line is. There also might be some type of marking on the curb that could help you.

Ultimately, it's up to him to prove you're on his property. It's probably a good idea as several have mentioned to approach him and see why he thinks TV screwed up. Unless he turns out to be reasonable, I wouldn't argue with him. Just try to get his version so you can tell a lawyer or surveyor where he's coming from.

Have you reached out to your realtor? He/she might have insight as to what you should try and do from here.

DLJ1657 08-12-2021 06:02 AM

Regarding title company
 
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.

Unfortunately, this is incorrect advice. Title insurance policies except from coverage matters relating to surveys. We are fortunate here that it is generally customary to have a survey completed on each parcel (at least if there is ever financing involved). Contact the surveyor for help is my suggestion.

Thaxxx 08-12-2021 06:03 AM

"Florida's friendliest home town"
He must be from the NE.

LateBoomer 08-12-2021 06:05 AM

sounds like a jerk. sue him if he encroaches

Frame44 08-12-2021 06:14 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!

It all sounds infuriating. In the interest of building a relationship or getting an understanding of your neighbor maybe a simple offering of a small gift would soften him into having a conversation while he’s not upset. Does he have his survey that makes him think the property line is his? See if you can find out what will make this right for him if the surveyor is indeed correct. Your survey company may be open to come back as a courtesy to you and double check that line.
Sorry you’re having to go through this. It’s maddening. Good luck. 🍀

biker1 08-12-2021 06:30 AM

Not exactly. A Lenders Policy is generally required by the lender if you have a mortgage. An Owner's policy is not required.

Quote:

Originally Posted by GrumpyOldMan (Post 1987601)
All the suggestions are interesting, but the two most important are, you should have title insurance. The title insurance company is liable for any discrepancies. The developers are not your problem, if the developers made a mistake, that is up to the title insurance company to deal with.

Assuming you have title insurance(I think it is legally required to purchase real-estate in Florida) that is who you contact first.

Second, if he took something that is yours and is refusing to return it, then call the sheriff or police, and/or an attorney - although I expect the value of the stuff you say he took will only qualify for small claims court. I am not familiar with the law enough to say if there was a criminal violation - that is for the police to say.

And finally, I would be looking for a new home in any case. Life is too short to deal with a bully neighbor.


NoMo50 08-12-2021 06:38 AM

Quote:

Originally Posted by GrumpyOldMan (Post 1987601)
Assuming you have title insurance (I think it is legally required to purchase real-estate in Florida) that is who you contact

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.

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.


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