Laurellynne
Member
What is the name of your state? Florida
We purchased a mobile home lot May 2003. We purchased title insurance at that time, but not a new survey as a fairly recent survey had been completed by the sellers. We found that our neighbors (absent landlords) driveway, fence, storage and carport was encroaching our property by 10 ft. by 85 ft. We alerted the neighbors within one month of our purchase, to which they responded "get a new survey and an attorney".
We've complied with the request for an updated survey last month, as we are considering subdividing the mobile home lot and seeking variances from the city for building a home on one lot and need our footage to "make our case" for allowing the variances.
The neighbors now have their property for sale, despite having received our certified survey showing the encumbarances. Efforts to work this out privately have not worked as today we received a letter from their attorney informing us they make claim by adverse possession based on his clients and their predecessors having interest in the property for 30 years. We have paid the property taxes on the land as did the preceeding owners (personal acquitances of ours) and no one has ever conveyed nor received notice of adverse claims by any claimants.
I've read and reread the statues you folks have provided, but am unsure regarding the Florida adverse possession statement (without color of title) for a period of 7 years and pay the assessed taxes.
My question(s), please,
1) 7 years, how can this be determined as their are no records showing the driveway, etc. being erected or built and the current owners have not owned their property 7 years, nor have we owned the property 7 years?
2) Would title insurance cover our claim?
3) Payment of the assessed taxes, does that mean payments had to have been made during the adverse possession or going forward?
4) Will we need to sue for our property and if so, do you feel we would prevail or not?
Thank you,
Laurellynne
We purchased a mobile home lot May 2003. We purchased title insurance at that time, but not a new survey as a fairly recent survey had been completed by the sellers. We found that our neighbors (absent landlords) driveway, fence, storage and carport was encroaching our property by 10 ft. by 85 ft. We alerted the neighbors within one month of our purchase, to which they responded "get a new survey and an attorney".
We've complied with the request for an updated survey last month, as we are considering subdividing the mobile home lot and seeking variances from the city for building a home on one lot and need our footage to "make our case" for allowing the variances.
The neighbors now have their property for sale, despite having received our certified survey showing the encumbarances. Efforts to work this out privately have not worked as today we received a letter from their attorney informing us they make claim by adverse possession based on his clients and their predecessors having interest in the property for 30 years. We have paid the property taxes on the land as did the preceeding owners (personal acquitances of ours) and no one has ever conveyed nor received notice of adverse claims by any claimants.
I've read and reread the statues you folks have provided, but am unsure regarding the Florida adverse possession statement (without color of title) for a period of 7 years and pay the assessed taxes.
My question(s), please,
1) 7 years, how can this be determined as their are no records showing the driveway, etc. being erected or built and the current owners have not owned their property 7 years, nor have we owned the property 7 years?
2) Would title insurance cover our claim?
3) Payment of the assessed taxes, does that mean payments had to have been made during the adverse possession or going forward?
4) Will we need to sue for our property and if so, do you feel we would prevail or not?
Thank you,
Laurellynne