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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33084
Experience:  12+ yrs. of experience including real estate law.
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I closed on a home in st johns county in late july. When I

Customer Question

Customer: I closed on a home in st johns county in late july. When I went to closing I noticed the survey showed the fence on my north boundary was about 4-5 feet on my property. Didn't think this would be an issue as there is also pavers and vegitation on what is according to the survey my property. I have been in brief contact with the property owner (who rents the house) while standing in my front yard conceded that there was an eight year rule threw up here arms turned and walked away. The st johns county tax records show here with several names and I cannot contact her. I wish to remedy this as so I can complete my home and landscaping in my yard. and finaly at the closing was informed that I pay taxes on this property and have right to it.
JA: Thanks. Can you give me any more details about your issue?
Customer: I have a survey of witch I paid them to come out and recheck it and put up flags and the flags on this line only mysteriously disapeared.
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Submitted: 11 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, what state is this in?

Customer: replied 11 months ago.
florida
Expert:  P. Simmons replied 11 months ago.

Thanks

Can you tell me, what is the question...are you asking if there is an issue where your neighbor may be able to claim part of your land?

Customer: replied 11 months ago.
I would like her to move the fence stones and vegitative to the county proposed 3 inchs to her side of survey line
Expert:  P. Simmons replied 11 months ago.

Thanks...and she is refusing to do this?

Customer: replied 11 months ago.
5 feet is rather huge
Expert:  P. Simmons replied 11 months ago.

Thanks

So what is your question this evening?

Customer: replied 11 months ago.
shes not willing to do this without legal. The county has here with several names, I know she is local but I cannot locate her to send mail of notification or request her to move her property from mine. Where do I start and where can this end?
Expert:  P. Simmons replied 11 months ago.

SOrry...I am missing something it seems

You say

I know she is local but I cannot locate her to send mail of notification or request her to move her property from mine.

What does that mean "I can not locate her"...is this not your neighbor?

Customer: replied 11 months ago.
she rents the house and she has it homesteaded
Expert:  P. Simmons replied 11 months ago.

OK.
I want to make sure i understand your question. Are you asking if you can demand you keep of her property? IF not, what is your question?

Customer: replied 11 months ago.
there is a long list of names she has used on the county web site
Customer: replied 11 months ago.
I want access to my property and her to move the fence off my property
Expert:  P. Simmons replied 11 months ago.

Thank you
What you describe, you own the property...that is, the FL law that allows one to claim property of another will not apply in this case.

So you can remove her fence, and any other personal property she has on your property.

You have the right, as the property owner, to remove any property she leaves on your property, including a fence, pavers, etc.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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