Legal Question in Real Estate Law in Florida
Legal description on deed vs statements made on unrecorded plat
I have a deed that transfer a canal to my lot. the deed states the canal is between two lots one being mine. The lot on the other side does not state ownership to canal. His deed states boundary line runs "along bank of canal". Monuments have been placed on top of bank of canal and are shown on unrecorded plat. The problem is unrecorded plat states "all waterfront lots are to watersedge". Water level do change but very little. Pass surveys show ownership from top of bank to top of bank. The question is the boundary line along the top of bank or along watersedge. And if deeds refer to the unrecorded plat does that change things? Does the deed precede plat due to its more definetive nature as to be more specific as to what one owns?
1 Answer from Attorneys
Boundry Line Dispute --- Fla. Canal Lots
Does the deed precede plat due to its more definetive nature as to be more specific as to what one owns?
The Deed is definitely a good starting point.The answer depends on how you have used the property - Canal. It will take a court decree to resolve the questions you have posed.
More facts are needed together with a review of the documents.
It is not a black and white matter. Get a current survey showing the monuments and take pictures. Then take them to your attorney.
I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.
Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.
By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!
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