A/C Unit Encroachment

What is the name of your state? Florida.

Problem: the adjacent townhouse has its large A/C unit on our property, preventing us from improving our property in that area.

We purchased our end-unit townhouse in Feb., '04. We noticed the placement of the neighbor's A/C unit close to our unit, but neglected to review documents indicating property lines.

Our close review of the legal paperwork after closing has no mention of the placement of this encroaching unit. Our "Map of Boundary Survey" shows but one unit in this area that, by its map location, is the neighbor's. Both were, and continue to be, present. This unit is clearly located on our side of the "common wall" extension of the property line, on the side of his porch.

Neither our deed nor the Title Company's paperwork notes this A/C unit.

Both the seller's agent and our purchase agent work for the same Realtor, neither indicated a problem to us.

I've tried discussing it with the neighbor but am told it's not his problem, the previous owner of his unit put it there. He refuses to discuss the matter.

I'd appreciate any general legal information or facts, any suggestions for remedy, even a few jabs for allowing myself to be blinded by the relief of getting exactly the property we wanted for our near-future retirement.

60 views, no responses? The described situation is either too simple, too difficult, lacks that "Queen-For-A Day" dramatic cachet, or...everyone believes I'm sitting around with hands deep in both pockets and a dreamy gaze. Yeah, maybe later! So what the hell have I been doing? Do I have a plan? Indeed, I do.

The realtor informed me that consultation with their attorney indicated that the problem was the Title Insurer's.

The Title Insurer rep, after faxing me the policy which they'd never sent to our specified mailing address, advised me that their attorney's opinion is "no claim" versus them. Having now read the today-faxed policy, I'd agree. Their initial suggestion, call the Realtor (oops), was followed by the suggestion that I call the preparer of the "Map of Boundary Survey" who erred in not depicting both A/C units on my property. What music is appropriate for the Buffle Off To Shuffle-O, bureaucatic bull**** two-step, eh?

I'll likely need to see an attorney, but, before I do the exorbitant, billable by the nano-second thing, I'm seeking advice for background info and focus.
AND, here's what I'm thinking (UH-OH)...seems to me to be likely LESS EXPENSIVE to cut the hookup to the neighbor's A/C, drag it 10 feet north, then 4 feet west and...eat the bill for a re-hookup, IF THAT'S NECESSARY. Am I correct in thinking that once removed, it could not be replaced in an encroachment location?

As a further hook, prompted by my review of posts in this category, I pose this Q: Why haven't any of the respondents relieved the stated, inappropriate guilt/remorse of those victimized by the passive-aggressive offenders by advising them that the situations they face are CREATED by the offender, MAINTAINED by the offender, and that worrying about offending the offender by standing up for their rights CANNOT make the relationship worse since it already SUCKS-on a one-sided basis??
Someone IS going to be pissed-off, WHY should it be the offended party?

I had my wife read this post...she expressed the concern that it was at too high, too complex, a level for most to comprehend. I replied that I didn't need responses from Daffy Effen Duck. Anyone qualify???

this type of problem is reflected in many many post on the board , you will find things like fence encroachments , driveways, sheds, garages etc and the same sort of advice is posted in many of them . SUGGESTION scroll through the postings and you will gather enough info to make a decision how to proceed .

Thanks, Farmer. I've reviewed the related posts but was uncertain regarding equating wood fences with A/C units-they don't burn as well or as long, making marshmallow toasting problematic, and hot-dog roasts impossible.

Had I possessed expertise in this field, logic would dictate it would have been unnecessary to post on this forum. I don't, I did...my error.

Enlightenment...I must conclude that my challenging comment regarding a preference for avoiding responses from "Daffy Effen Duck" prompted most to take a gander into a mirror, observe the feathered, billed, cockeyed visage reflected and hysterically quack "flock this guy".

Specific apologies go out to the grammatical guru for my (near) perfection in this area. Have you found the exception, supercilious flock-up? Why haven't you corrected the buffoon who has fixated on "40 ott shotguns" as a solution? Birds of a feather, eh?

Tweats, uhh...twits!

Laconic1 said:

Had I possessed expertise in this field, logic would dictate it would have been unnecessary to post on this forum. I don't, I did...my error.

Enlightenment...I must conclude that my challenging comment regarding a preference for avoiding responses from "Daffy Effen Duck" prompted most to take a gander into a mirror, observe the feathered, billed, cockeyed visage reflected and hysterically quack "flock this guy".

Specific apologies go out to the grammatical guru for my (near) perfection in this area. Have you found the exception, supercilious flock-up? Why haven't you corrected the buffoon who has fixated on "40 ott shotguns" as a solution? Birds of a feather, eh?

Tweats, uhh...twits!

Click to expand...

**A: I was here.

Laconic1 said:

Thanks, Farmer. I've reviewed the related posts but was uncertain regarding equating wood fences with A/C units-they don't burn as well or as long, making marshmallow toasting problematic, and hot-dog roasts impossible.

Click to expand...

Do you have some sort of problem with frozen marshmallows?

A too rare followup on this board...

Consultations with a Ft Lauderdale R.E. attorney and both partners in a Melbourne Beach R.E. law firm indicate agreement among all: implement self-help, i.e. remove the offending, encroaching item. I chose the more conservative tactic of having the Mel Beach firm send a letter with specified deadline for encroachment removal to the offending liberal/socialist, responsibility-shifting neighbor. Cost: $150.

The neighbor removed the encroaching A/C unit prior to my scheduled action this weekend by an A/C contractor engaged to replace my hurricane damaged compressor and ductwork.

I will bear the loss of this fool's "friendship" like a man. With relish.

Grammatical Guru: you chose wisely...and appear to have reconsidered your belittling of those with less educational opportunity than yourself.

Ciarriane: Hope springs eternal.

FarmerJ: Thanks again. Note, however, that my bought-and-paid-for legal obfuscators opine that there is a substantive difference between "structures" such as buildings, patios, driveways and items of a less permanent, more easily removed nature such as A/C units, fences, gardens.

Laconic1 said:

A too rare followup on this board...

Consultations with a Ft Lauderdale R.E. attorney and both partners in a Melbourne Beach R.E. law firm indicate agreement among all: implement self-help, i.e. remove the offending, encroaching item. I chose the more conservative tactic of having the Mel Beach firm send a letter with specified deadline for encroachment removal to the offending liberal/socialist, responsibility-shifting neighbor. Cost: $150.

The neighbor removed the encroaching A/C unit prior to my scheduled action this weekend by an A/C contractor engaged to replace my hurricane damaged compressor and ductwork.

I will bear the loss of this fool's "friendship" like a man. With relish.

Grammatical Guru: you chose wisely...and appear to have reconsidered your belittling of those with less educational opportunity than yourself.

Ciarriane: Hope springs eternal.

FarmerJ: Thanks again. Note, however, that my bought-and-paid-for legal obfuscators opine that there is a substantive difference between "structures" such as buildings, patios, driveways and items of a less permanent, more easily removed nature such as A/C units, fences, gardens.

Click to expand...

**A: oh brother, you should have stayed away since 11/11/2004.

Responsive relevance and materiality are out the window here, eh?

Kudos relating to your positive psychological growth are genuine.

Follow-up sessions will be scheduled as needed.

Laconic1 said:

Responsive relevance and materiality are out the window here, eh?

Kudos relating to your positive psychological growth are genuine.

Follow-up sessions will be scheduled as needed.

Click to expand...

**A: good grief, another nutcase. Why don't you get off your superbowl and give it a big flush.

That's precisely what I did in my previous post, wizard. Not too bright, are you? Not sure I like that in an "advisor".

Goodnight. Sleep well. Don't dwell in the land of obsession.