Legal Question in Real Estate Law in Florida

I just demolished a home on my property. During demolition it was discovered the neighbors sewer line runs through the middle of my 55' wide lot. His sewer line then connects to mine and then leads to the City sewer system. Presented claim to title insurance co., their research indicated no easement exists. Claim was turned down, they view the sewer line as a trespass therefore not covered. We are planning on building a new home on our lot , we told the neighbor we would grant him an easement in the side yard setback which is out of the way and it does not impact the new home. Neighbor claims he has a prescriptive easement and is demanding I pay for the relocation of his sewer line on my property and pay for the work on his property as well to connect to the new line. We felt that by offering the easement in exchange for him covering the cost of moving the line was very reasonable. We did not ask for compensation for the easement. We know he does not have a prescriptive easement, he bought his property in 2011. Any thoughts on what I should do from here? Neighbor insists he will not pay, meanwhile he is holding up my new construction.


Asked on 12/14/16, 4:25 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

If you are sure of your claims and have the County paperwork in support, a court order resolving the matter may be required. Contact a local real estate attorney. Good luck.

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Answered on 12/14/16, 5:01 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney to assist. No enough facts here. Prescriptive easement is one held by adverse possession, very specific elements are required to support such an easement.

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Answered on 12/15/16, 6:54 am


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