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/)

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.

Spalumbos62 08-12-2021 02:52 PM

Quote:

Originally Posted by Rose Ann Vinci Igoe (Post 1987924)
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.


Once you get it remarked take photos holding measuring tape from house to stake and so on....if he yanks them out again you will have proof.
Best of luck...keep us posted.

NoMoSno 08-12-2021 03:24 PM

IDK...with this guy I'd put cement markers in...

joelfmi 08-12-2021 03:51 PM

welcome to the villages
 
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:

This what they don't tell you about the people in the villages are like. That is why you have to due your due diligence before you buy and check the talk of the Visages website

Topspinmo 08-12-2021 04:44 PM

Quote:

Originally Posted by Laker14 (Post 1987597)
I hadn't thought of that, but that's a reasonable possibility isn't it?
That won't make it any easier on the OP to be living next door to him, but maybe provide a bit of understanding I suppose.


Well, if it is the problem he will soon forget about it?:faint:

Topspinmo 08-12-2021 04:47 PM

Quote:

Originally Posted by jmaccallum (Post 1987977)
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.

I hope the neighbor don’t have shovel?:shocked:

Pachine58 08-12-2021 07:10 PM

Update: Thank you everyone for the good advice.

Called the surveyor and told them what has happened. He did explain he knew the history of the property. Yes many years back a mistake was made on the property line boundary. It was corrected legally. Also said in the ground , dig thru grass there are steel markers used in villages for property boundaries.

He assured us the survey he just did was correct and was going to call the neighbor and explain that the dispute was settled many years ago and current stakes are correct and was registered at time of sale with county.

Topspinmo 08-12-2021 07:37 PM

Quote:

Originally Posted by Pachine58 (Post 1988087)
Update: Thank you everyone for the good advice.

Called the surveyor and told them what has happened. He did explain he knew the history of the property. Yes many years back a mistake was made on the property line boundary. It was corrected legally. Also said in the ground , dig thru grass there are steel markers used in villages for property boundaries.

He assured us the survey he just did was correct and was going to call the neighbor and explain that the dispute was settled many years ago and current stakes are correct and was registered at time of sale with county.


Glad you got satisfaction. For you’re sake I hope the neighbor accepts it and can move on?

vintageogauge 08-12-2021 07:42 PM

Quote:

Originally Posted by Pachine58 (Post 1988087)
Update: Thank you everyone for the good advice.

Called the surveyor and told them what has happened. He did explain he knew the history of the property. Yes many years back a mistake was made on the property line boundary. It was corrected legally. Also said in the ground , dig thru grass there are steel markers used in villages for property boundaries.

He assured us the survey he just did was correct and was going to call the neighbor and explain that the dispute was settled many years ago and current stakes are correct and was registered at time of sale with county.

Thanks for giving an update, that doesn't happen often.

NoMoSno 08-12-2021 08:15 PM

Quote:

Originally Posted by Pachine58 (Post 1988087)
Update: Thank you everyone for the good advice.

Called the surveyor and told them what has happened. He did explain he knew the history of the property. Yes many years back a mistake was made on the property line boundary. It was corrected legally. Also said in the ground , dig thru grass there are steel markers used in villages for property boundaries.

He assured us the survey he just did was correct and was going to call the neighbor and explain that the dispute was settled many years ago and current stakes are correct and was registered at time of sale with county.

Keep us updated.

Papa_lecki 08-12-2021 08:25 PM

Quote:

Originally Posted by Pachine58 (Post 1988087)
Update: Thank you everyone for the good advice.

Called the surveyor and told them what has happened. He did explain he knew the history of the property. Yes many years back a mistake was made on the property line boundary. It was corrected legally. Also said in the ground , dig thru grass there are steel markers used in villages for property boundaries.

He assured us the survey he just did was correct and was going to call the neighbor and explain that the dispute was settled many years ago and current stakes are correct and was registered at time of sale with county.

Anyone have a metal detector who could help find the stakes?


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