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Posted to alt.home.repair
JimR
 
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Default Neighbor disputes my property line location


"MiamiCuse" wrote in message
ups.com...
Just bought a property in Miami-Dade County, Florida and want to build
a fence along the property line on my side.

The neighbor has parked a vehicle on the grass with half the car over
on my side. The hood is up and the engine is out and he is apparently
fixing it in his garage. He has a few other cars parked on his
property that are partially disassembled.

I recently had the survey done during the purchase and the surveyor
sprayed painted the iron pin locations and one of them is right at a
power pole. The survey shows the line is 25 feet from the exterior
wall of my house, which is about 7 feet from the exterior wall of his
house.

When I mentioned to my new neighbor that I am going to build a fence
and whether he mind moving his disassembled vehicle out of the way he
said yes no problem. Then later he came back and seemed upset and says
he disagrees with where the property line is.

I showed him the spray painted iron pins. I showed him the power pole
from the utility company, I showed him my survey and measured from my
wall to the spray painted location - 25 feet. He disagrees. He says
it should be half way between the two houses. I stated to hiim this is
not the case as the property line is defined in the legal description
and this is what the survey is going by, and that if he has a survey of
his house he should be able to confirm this. He says he does not have
a survey.

I said to him he is welcome to hire his own surveyor to check this. I
also said when I build the fence, I will be getting a permit and the
county will have to approve it and they will not approve it if the
fence is on his side. He walked away angry and says he is not going to
move the car.

Now I ****ed off a new neighbor and have a mess in my hand.

Any advise?

MC


Several have suggested using the county web site and lot descriptions.
That's a free way to reconfirm your survey is correct. There's one more
step that no one has mentioned so far. Since you've just bought the house
and had a new survey, go back to the lawyer you used during closing and
explain the problem to him. That initial consultation shouldn't cost you
anything, and it may be that the easiest way to get the car moved is to pay
the lawyer for a couple of hours of work to solve the problem in a
completely open and legal way.

You DID use a lawyer at closing, right?

-- Regards