QUESTION
Who is responsible for this mistake and the aggravation and expense in correcting it after more than 30 years between the previous owner and me?
Asked on Oct 04th, 2013 on Foreclosures - Florida
More details to this question:
Bought and was given clear title to a property in the Florida. Keys in 1992. Now I found out it has an encroachment on the property next to it, by 51/2 ft. This was never mentioned to me by the Realtor, Title Company or surveyor. The property came with a utility building housing a fridge or washer or dryer or storage, a dock and a fence placed by the neighbors, not me. After 21 years of keeping, using and improving it, I never was asked to correct the encroachment. Now they are selling and the new buyers want to move the fence 51/2 ft, that will force me lose the dock and the utility building. The people I bought the property from also had used the 51/2 ft. for over 10 years and never were asked to correct the encroachment.
2 ANSWERS
Erik Brito Espinosa
It may not be a mistake, if you had a survey previously done and you believe the property is yours you can challenge that the property is yours with the competing survey. If there is an encroachment, you may be able to make the argument that the property has become yours by adverse possession. Alternatively, you could have an action against the title company or surveyor, depending on what representations were made or insured. Contact an attorney to address the specific facts of your case who can review each of the relevant documents to properly advise you.
Answered on Oct 09th, 2013 at 4:02 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to set up an appointment with a local real estate lawyer. This can be a big problem and you should secure counsel experienced in matters like this.
Answered on Oct 07th, 2013 at 9:38 AM