Legal Question in Real Estate Law in Florida
New survey by homeowners association shows property line crossing the fence between common
ground pool area and my lot cutting off 4 feet of my back yard. Fence has been in place for over 20 years. Homeowners association would like to build a walkway along new property line. What can I do. Does "adverse possesion" or "prescriptive easement" apply for me ?
1 Answer from Attorneys
What does your property description in your deed say? Does it cover the disputed portion of the back yard? If yes, then you have a potential claim for adverse possession. If no, have you paid taxes on the disputed portion?
If the answer is no to all questions, then you may have a tough time claim adverse possession and will have to look at other arguments. Prescriptive easement really will not apply under the facts you described.
What to do? Either the HOA will do nothing because they do not want the fight, the HOA will bring suit if you refuse to give them that portion they want, you can let them do what they want with the land, or you can sue them for a court judgment stating that you own the disputed land.
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