How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33744
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

The developer of our property installed our irrigation system

This answer was rated:

The developer of our property installed our irrigation system about 20 feet over the line of our property, into HOA property. We have thus been maintaining and using about 1500 sqft of HOA property for 7 years, as we would not have even though to measure our backyard to see if the sprinklers were put in correctly. Do we have any grounds to file an adverse possession claim?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
While you are on the right track, in Florida the period of time for adverse possession must be at least twenty (20) years under Florida Statutes §95.18 in a situation like this. It wouldn't meet the 7 year statute of limitations because you wouldn't have "color of title" which means that you have a piece of paper, like a deed, that has the wrong boundaries on it and you have been acting under the impression that it was your land. You would be under the 20 year SOL because presumably your deed shows the correct property boundaries.
.
So with that said, I would suggest quietly doing what you are doing and eventually you will be able to legally claim the land through a "quiet title" lawsuit against the HOA.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.

We are already committed to putting up a fence (3/4 of it is already up), which is how we discovered the issue. We can't put it over our property line due to county permitting restrictions. So it seems like we are basically stuck keeping it on our official surveyed land and giving up the additional property?

Well, you could roll the dice and go ahead with the proposed installation and just keep your fingers crossed that the HOA never noticed the encroachment. In most situations, if you have been maintaining the property that long, it is pretty unlikely that someone would suddenly go get a plat and have a surveyor come out to survey and discover that you are encroaching.
.
My bet is that if you fenced as you were planning, nothing would ever be said. But as I mentioned, it would be something of a gamble because they could force you to remove it if they actually discovered it.
.
.
Thanks
Barrister
Barrister and 9 other Real Estate Law Specialists are ready to help you