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Overlapping surveys FL

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M_Lafrance

Junior Member
What is the name of your state (only U.S. law)? Florida
I purchased land in Florida in 2008, I received Special Warranted Deed for the property. When property was purchased, a title search was preformed and only an easement to the utility was found. I had the property surveyed and registered and property boundary markers installed. Placed chain link fence to secure my property inside of the boundary markers. A county road abuts the property. When the road deeded to county 1973 the legal description was vague at best. The previous property owners acquired the property from the same person who county received deed for the road.

Here is the problem the legal descriptions of both properties overlap by 5'. County inspector knowing fence was inside boundary markers told me as the fines were issued and liens placed on property because of the finds that my boundary markers and legal description are invalid. What can I do ?

Thanks
 


FlyingRon

Senior Member
You're going to have to have a real estate lawyer look at the deed history and determine just what you own.
Just going by what is on your deed is meaningless, you need to see if the property alleged to have been conveyed was owned by the person conveying it.
Title searches are worthless unless you purchase title insurance to back them up.
The fact that you only received a special warranty deed means you like have no recourse against the seller (it only promises HE didn't encumber the property).

At this point, it may be more advantageous to remove the disputed fence until the ownership is determined to be in your favor.
 

M_Lafrance

Junior Member
You're going to have to have a real estate lawyer look at the deed history and determine just what you own.
Just going by what is on your deed is meaningless, you need to see if the property alleged to have been conveyed was owned by the person conveying it.
Title searches are worthless unless you purchase title insurance to back them up.
The fact that you only received a special warranty deed means you like have no recourse against the seller (it only promises HE didn't encumber the property).

At this point, it may be more advantageous to remove the disputed fence until the ownership is determined to be in your favor.

I do have title insurance
 

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