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I have just had a survey of my property and found out the ...

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I have just had a survey of my property and found out the survey pin on the lake had been moved. My neighbor has taken 9 feet of the lakefront. The surveyor thinks it has been moved but how can I get my property back as I only have 40 feet of lakefront and My deed says I have 49.7 feet?
Submitted: 6 years ago.
Category: Legal
Expert:  truthfinder replied 6 years ago.
Have the neighbors been using this property? Do they have anything on the property to claim usages of it? If they have only moved the marker, you can record your survey with the Clerk of Court in your county and file a civil claim against them for fraud in moving the marker. You may also want to check with the Tax Assessor's Office in the county where the property is located as they will have the plat & mapping information for who is paying taxes on the land. If you have been paying the taxes on the land they are claiming then you can also sue them for that monetary amount for they have used the land you are paying for and legally own. If your deed states you have 49.7 feet, then that is what you are legally entitled to and are being taxed on. The court may have to make the legal judgment order to force them to move the marker back, and it is best to have the court rule on this so there is no further issues with this in the future. You can also file a Quiet Title claim in court (neither of which you have to have an attorney to do this) and that would "quiet" any claim they think they have to this extra footage; go HERE to read more on this. You will want to take care of this as soon as possible for if they have used the land for more than years, then they could have claim to it by means of adverse possession; to read more go HERE.
truthfinder, Truth Finder
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Customer: replied 6 years ago.
Iliked Mr. Ruth's answer but have never done many things on a computer. He was very helpful. I just wanted to know if all the pins were set right except the one on the lake do I have any recourse? Do you handle such cases?
Expert:  truthfinder replied 6 years ago.
The links I sent to you were just to help you understand the process involved with the Quiet Title action. This is something you can file on your own but if you would like the assistance of a Real Estate attorney you will need to retain one that is licensed to practice law in the state of Florida and I am not. To file this type of action or another civil matter you would simply contact the clerk of court at the courthouse in the county where the property is located to ask for the paperwork to file a Quiet Title action. If the neighbors have altered any of the markers then you have legal recourse because you are paying taxes on that property and they are not allowed to use the property without your permission.

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