Legal Question in Real Estate Law in Florida

Bought and was given clear title to a property in the Fla. Keys in 1992. Now I found out it has an encroachment on the property next to it, by 51/2 ft.. This was never mentioned to me by the Realtor, title company or surveyor. The property came with a utility building housing a fridge/washer/dryer/storage, a dock and a fence placed by the neighbors, not me . After 21 years of keeping, using and improving it, I never was asked to correct the encroachment. Now they are selling and the new buyers want to move the fence 51/2 ft, that will force me lose the dock and the utility building. The people I bought the property from also had used the 51/2 ft. for over 10 yrs. and never was asked to correct the encroachment. Who is responsible for this mistake and the aggravation and expense in correcting it after more than 30 years between the previous owner and I?

Asked on 10/04/13, 5:21 am

Barry Stein De Cardenas, Freixas, Stein & Zachary

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No easy or simple answers. You need to consult with an experience real estate attorney asap.

Answered on 10/04/13, 6:10 am

David Slater David P. Slater, Esq.

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You may have a claim of adverse possession.

Answered on 10/04/13, 8:01 am

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