Legal Question in Real Estate Law in Florida

There is a CSX rail that borders my property, the other day a CSX employee came onto my property putting in surveying stakes 50 feet inside the property line. when asked what he was doing he said CSX is taking the full right of way which is 100 feet from the tracks instead of the current 50. I have went to the county records department, county property appraiser, studied my property survey, and called the title company that did the closing on my house. nowhere is there any record of the right of way being more than the current fifty feet. I have contacted CSX extensively and asked for some type of documentation but they do not return my calls and the workers in the field say they are only doing their job and will be returning soon to take out the trees. What should I do?


Asked on 3/10/12, 7:05 am

1 Answer from Attorneys
Stephen Orchard Law Offices of Stephen Orchard

You've certainly done your due diligence. Assuming that you are correct, you should immediately contact an attorney to determine the next proper step. It's likely that you will need court intervention to defend your property. Also, skip the closing agent and go directly to the title insurance underwriter. You may be entitled to compensation if this is a matter covered by your policy. Feel free to contact me if you would like to discuss further. Best of luck.

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Answered on 3/10/12, 7:18 am


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