Neighbor disputes my property line location

[mm]

I have doubts about pushing it back on his property beffore he has agreed to it, but this is just crazy. It's his car, and you are recommending the OP snatch it. They will always be enemies if he does this.

He can claim all he wants, but it's not abandoned. His neighbor believes that it is on his property, and iiuc, half of it is.

The neigbhor doesn't know that. So it doesn't matter.

It might matter with regard to adverse possession, but I don't think there is much chance that the nbor has gained adverse possession. There are a lot of requirements, and the OP should see the entire florida statute, plus all the case decisions that follow from it. If there is a public law library, or the book is at the public library, he should read the Florida Annotated Code, but even there, he'll only find a tiny summary of each case decision, and it may be hard to read in the strange language they sometimes use.

has statutes and for many states, a decent way to find the rirght statute, but as far as I know, it has no case law.

Nexus/Lexis has case law, but it's hard to find that for free.

The hard part is convincing the neighbor. I don't know how much surveys cost or if the neighbor will want a full survey or only a surveyor to review the OP's survey. Rather than or in addition to the dinners, the OP might agree to pay for half of the neighbor's expense on this. Of course he's not entitled to that, but the goal is to be on good terms with someone he might spend 40 years living next to.

The OP may wish to aks on misc.legal.moderated and for more general info on adverse possession IMO, groups google this ng in the past two weeks on the word "eunuch".

[mm]

Also shouldn't be threatening him about the law and his cars. Noone likes a rat for a neighbor. It's one thing to insist on the land the OP thinks he owns, but to imply he will sic the cops on the neigbor is nasty.

If the OP were going to look at them all the time and didn't want to, that would be one thing, but he's building a fence. If it is a solid fence, he's already imposiing on the neigbhor because even though he has a right to build a fence, the neighbor probably likes the view and the unfettered breeze that goes through his back yard.

[mm]

Plus the day may come when the OP may want to violate some rule, or may do so unknowingly. Rules like not keeping cars on your property only matter if someone is upset by their violation. IF the OP is upset by what the nbor does, the nbor will be upset every time the OP breaks a rule, even a little bit. And he'll call the police on him.

[mm]

Post your town and street address and all of us will help you examine the maps.

Also post your neighbor's addresss and the times that his wife sun-bathes.

[mm]

What's interesting is that there are so clearly two sides to the advice here. I haven't counted how many are on each side, but I think we can see one or more of the causes of war.

[mm]

It's strange that you think the OP's problem is related to liberal/conservative.

Or maybe you think that any advice that promotes friendship and peace comes from liberals. That's quite an indictment of conservatives.

But you're only speculating. Send the original post to some of your conservative friends, without saying why, and see what their advice is. Please, let us know what they all say.

[mm]

Those cars are really junked or abandoned. They're stolen and abandoned, and the owners have no way to find them. Or they're abandoned by the owner who is never coming back for them.

So it's usually good to call the police.

The OP knows exactly who this car belongs to. That's why Abe asked his question.

[boden]

Before you get in too deep I'd suggest getting a survey done that includes the placement of boundary markers by the surveyor and results in you receiving a drawing showing those markers from the surveyor that bears his signature and seal. Surveys done for title companies are sometimes less than perfect.

If the surveyor has to affix his seal and signature he will search far enough back, and verify the boundaries well enough to protect his professional reputation, license and E&O (Errors & Omissions) insurance carrier. Also, you will be his client, not the bank.

There is a good chance the the boundary is not exactly where you or your neighbor think it is.

Boden

MiamiCuse wrote:

[mm]

I'm not at all suggesting that the op put his fence where the neighbor says his line is, but if he does do something like that, the OP should take steps to prevent the neighbor from gaining adverse possession.

For one thing, he should, and I'm no;t sure the best method for later proof, notify the nbor that although he is building the fence inside his property line, he is not waiving his right to the rest of his property, and he is granting PERMISSION to the nbor to use it until the OP wants it back. In a way this could be the worst of both worlds-- he won't have the land and the nbor may well be angry, but otoh, the nbor may sell the house in 3 years, or for some other reason the OP may want to pursue his valid claim, and this will keep the time from now until then from being included in the 7 years I think someone said Florida required for adverse possession.

Even this piece of this is complicated, and it might be adviseable to see if the nbor has any chance of ever getting adverse possiession. Do they require claim of right in Florida? For that matter, the state of Louisiana is governed in some or large part by French law. Is Florida at any rate affected by Spanish law? I've never heard that.

Do all 6 parts of the Eunuch rule of adverse possession apply in Florida? Are there additional requirements?

BTW, there are questions of proof. In the same way the OP may not be able to get support from his seller that the neighbor knew where the propertyh line was etc. or that he gave him permission to use that strip, the mail forwarding for the seller will expire soon, and unless he has an unusual name, he may be unfindable by the nbor. Thus, although he may be able to prove it with his own friend's or his kids' friends, the nbor might not be able to prove he was using the OP's land before the OP got there, or 7 years before, even if he was. So maybe the adverse possession time will "toll" only after the OP bought the house.

How long has the n'bor owned his house. I think the time limit starts anew when the house is sold. Lots of legal questions here, maybe the legal ng can answer some.

Good for you. There might be more that you can do.

Verry interesting.

[jimmy]

Or get a mean pitbull and chain it to that side of your house on a 15 foot chain. After a few days they will be begging you to put up a fence. :)

[Cheri]

jimmy

Why would you do that to the poor pit bull? IMO owners should work it out on their own, and leave the dog out of it. Gee, we have our pit bull, on a chain, in the sun, next to the property line, with no water, but we never knew he/she could be mean. Leave the dog out of it, and try to work it out on a human level, though in some cases the dog might be smarter.

Cheri

[miamicuse]

Jim:

I do not understand why you have this hostile atitude towards my queries. I find the answers provided here very informative. Why would you assume that this is the only place I am soliciting answers? Why would you assume I did not hire a lawyer? Why do you assume you have the complete picture based on several posts made by me on different subjects? I think what I am asking is a common sense question that probably needs a common sense answer before I resort to legal channels, so if next time someone walks the dog and let the dog crap on my front door, and I ask for advise would your advise be to hire a lawyer too? See my answers to your questions inline below.

MC

Yes, the property has an IRS lien. The lien last ten years if it does not refile. I bought the property ten days after the ten year anniversary expired. It is the job of the title company to search and handle this matter. They have verified that no refiling has occured and even if so it would be against the previous owner and would not have transferred to the property since the ownership has changed. I have purchased title insurance. In fact, I have paid for title insurance for the lender AND title insurance for myself for extra insurance.

Why do you assume I did not hire an RE lawyer to handle the transaction? Is hiring a lawyer and seeking common sense advise mutually exclusive?

Transaction is over. I own the property now. The closing happened a month ago. My lawyer is no longer involved.

Yes.

No. It is irrelevant. I do not understand your point. At the time I purchased the property there is a tenant occupying the house. I naturally assumed the car is his. There is no reason to assume otherwise.

Yes, and I did.

What is your point?

The problem, I think is that truly intelligent people know they are intelligent, the not so intelligent ones know they are not so intelligent. The truly stupid people are too stupid to know they are stupid and they actually think they are smart. So they sit at the bottom of a well, keep looking up and keep telling others how small and round the sky is.

[Cheri]

Please God, do not make this person my neighbor. I have suffered enough.

-- Cheri

queries. I

[Abe]

When someone responds to you like he did, just ignore them. You have better things to do with your time and attention than spending any of it on such a bitter asshole who is trying to get a rise out of you, and being provocative for its own sake.

[Tony Hwang]

Hi, Oh, boy. Looks like you gotta nightmare on hand. First he can't park/fix cars like that. My local government won't allow such an acticity. And survey result..... Feel sorry for you becoming his neighbor.

[Tony Hwang]

Hmm, You gotta be joking! Give up so much side yard for El Meano neighbor? I won't.

[Kurt Ullman]

It has most state supreme court decisions, most (I think all) federal decisions published all the way to the Supremes.

[dadiOH]

Lord, man...you had a surveyor who located the corner stakes. And a description of your property. What more do you want?

[Steve Barker LT]

Simple. Call the police, have the car towed off of your property.

[Goedjn]

Well, that makes the decision fairly easy, then, doesn't it?