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taitai

Junior Member
What is the name of your state? Florida

My mother owns 5 acres of land in rural Fort Pierce. My parents have owned the land for 44 years. About 10 years ago there was a boundry dispute between 2 neighbors on the north side of her property. They went to court and the judge awarded the closest neighbor 53 feet of property from the neighbor to the north of him.My mother went through 2 hurricanes and lost her mobile home. She has ordered a new one to replace the old one. Now the neighbor next to her told her she cannot put the mobile home where she wants to as the survey he has takes 53 feet of her property.For 18 years he has done nothing now all of a sudden he wants this 53 feet. Number 1 he has already received the 53 ft from the north neighbor and the fence line that is there has been ever since my parents bought the property 44 years ago. Now the neighbor has secured an attorney and the attorney wrote my mother a letter stating she will be in violation if she uses this property.The mobile home is scheduled to come in any day and she don't know what to do. Is there such a thing as adverse possession in the state of florida?.There was no survey done that far back but doesn't the deeds count for anything?.
The survey that the neighbor has is using the boundry marker before the judge awarded him the property, not the new marker.
Please help as we are on a time issue,and due to the replacement of her home she has no funds for an attorney.
 


divgradcurl

Senior Member
taitai said:
What is the name of your state? Florida

My mother owns 5 acres of land in rural Fort Pierce. My parents have owned the land for 44 years. About 10 years ago there was a boundry dispute between 2 neighbors on the north side of her property. They went to court and the judge awarded the closest neighbor 53 feet of property from the neighbor to the north of him.My mother went through 2 hurricanes and lost her mobile home. She has ordered a new one to replace the old one. Now the neighbor next to her told her she cannot put the mobile home where she wants to as the survey he has takes 53 feet of her property.For 18 years he has done nothing now all of a sudden he wants this 53 feet. Number 1 he has already received the 53 ft from the north neighbor and the fence line that is there has been ever since my parents bought the property 44 years ago. Now the neighbor has secured an attorney and the attorney wrote my mother a letter stating she will be in violation if she uses this property.The mobile home is scheduled to come in any day and she don't know what to do. Is there such a thing as adverse possession in the state of florida?.There was no survey done that far back but doesn't the deeds count for anything?.
The survey that the neighbor has is using the boundry marker before the judge awarded him the property, not the new marker.
Please help as we are on a time issue,and due to the replacement of her home she has no funds for an attorney.
If you are not going to be able to hire an attorney to go through all of the paperwork and figure out what exactly is going on, you have two choices:

1. Put the home where Mom wants it, and wait and see what legal action the neighbor takes.

2. Put the home somewhere else where the neighbor won't complain.

Either way, you'll probably need a lawyer eventually -- in case 1, to defend against any legal actions the neighbor might take, and in case 2, to figure out what the real boundaries of the property are.
 

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