Legal Question in Real Estate Law in Florida

My neighbor built his dock 4 feet off what is permitted by the county. Now he is trying to get a waiver letter from me to be aproved by the county since the county came and did a check on the dock and realized it is placed 4 feet off when it is supposed to be. However, the neighbor came with this letter and said that he is only off 8 inches. I called the orange county in Florida and asked what a the regulations, and they explained them to me, so considering that the neighbor got the permit to biuld the dock beyond its space limits I asked how he got that permit. It ended up that he at that time got a waiver from me, which from I remember he did not named as a waiver letter but just a letter that i had ti sign to say that I was ok with the dock. Therefore, at the time it was easy for me to say that my son would sign that letter since I dont live there but my son does. So today the county send me a copay of that waiver letter and it is signed and notarized but it is not my handwriting


Asked on 2/05/15, 8:19 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Ok, first, this is why you should always know what you are signing before you sign it. Second, if your son had a Power of Attorney that allowed him to sign on your behalf then the document is probably binding if he is the one who signed it. Third, you indicate the dock is off by 4 feet. Is it intruding into your property or right of way? If it is intruding into your right of way or property then you may have some cause for concern. If the waiver signed at the beginning of the process is deemed to be valid, you may not have much of a claim against him, unless you can prove he forged your name, or fraudulently induced you to agree.

You need to contact an attorney with experience in waterway rights of way and perhaps land-use. If the waterway is a navigable waterway there are more than just local permits that need to be addressed.

Good luck. Waterway rights cases are generally not easy, but they can be worked out if the parties act rationally.

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Answered on 2/06/15, 6:30 am


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