Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

The developer of our property installed our irrigation system

about 20 feet over the...
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?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
6/11/2013
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,660
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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.

Ask Your Own Real Estate Law Question
Customer reply replied 4 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
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,660
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,660
38,660 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

38,660 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Barrister: HOA is foreclosing on lien for HOA dues. Court
Barrister:HOA is foreclosing on lien for HOA dues. Court filed notice of impending dismissal. Evidently they did not meet the deadline. Court filed :Dismissed/Dismissal. Can't view on line to read the… read more
Barrister
Barrister
Lawyer
38,660 satisfied customers
I bought rural property that had a driveway on the plat, but
I bought rural property that had a driveway on the plat, but it is on a 20 percent grade and unusable. Can I persuade the sellers/real estate agent/title company to help fix the problem? … read more
Damien Bosco
Damien Bosco
2,990 satisfied customers
1 2ft encroachment issue of a property I am trying to sell.
1 2ft encroachment issue of a property I am trying to sell … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
What is the bet way to clear up an encroachment? It is on
What is the bet way to clear up an encroachment? It is on vacant land, the neighbor drives across my lot to access their backyard. I would like to sell this lot. From what I understand the neighbor ca… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
My neighbor pulled up the survey stakes and says the
My neighbor pulled up the survey stakes and says the property is hers now. We are a platted neighborhood and she says its her property based on Adverse Possession. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
My property was surveyed and found that neighbors driveway
My property was surveyed and found that neighbors driveway in partly on our property. Should anything be done? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
If a "party wall" is on my property (per survey), do I need
If a "party wall" is on my property (per survey), do I need consent from the neighbor to heighten the wall? The HOA is of no help.… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Our HOA plat has a note that says "this property is subject
Our HOA plat has a note that says "this property is subject to an unrecorded 10' wide water line easement to Lone Oak Utility District date August 4, 2003"...we are trying to allow Lone Oak to install… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
My new neighbor is trying to claim that I am encroaching on
My new neighbor is trying to claim that I am encroaching on his property. I have been in my home for nearly 40 years. He claims to have a survey that backs up his claim … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
I was just looking up encroachment laws in NC, Not yet, I
Not yet, I just met with attorney yesterday. We have property in Sapphire NC where association road encroaches 20 feet onto my lot. … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,899 satisfied customers
Encroaching laws in florida, no but i know the pin on the
no but i know the pin on the corner of my property is in the middle of my niebors property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
How is an neighbors easement shown on a plat or plan for a
How is an neighbors easement shown on a plat or plan for a zero lot line house? Does an easement have to be included in the covenants and restrictions to exist?… read more
Barrister
Barrister
Lawyer
38,660 satisfied customers
Does a building restriction line on a plat or the HOA
Does a building restriction line on a plat or the HOA building restriction line take precedence … read more
Barrister
Barrister
Lawyer
38,660 satisfied customers
I need to file a complaint about the encroachment with
I need to file a complaint about the encroachment with King county. They told me to fill out a form for that but were not able to tell me which form and asked me to ask an attorney about it. Would you… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
New construction subdivision. Builder relied on plat map,
New construction subdivision. Builder relied on plat map, not actual per-lot surveys to build. Just found out from a private survey company that our property line is literally right on the edge of nei… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A seller sells his property using his survey. The survey is
A seller sells his property using his survey. The survey is 5 months old. The survey is not certified to the title insurer, only the seller. In lieu of complying with fs(###) ###-#### the title compan… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Our HOA property is encroached by a new commercial building.
Our HOA property is encroached by a new commercial building. The owner refuses to take action on the matter. In addition, he has a blue spectrum light over his parking lot area. The problem is that th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I have a survey plat from when I purchased my home in 2002
I have a survey plat from when I purchased my home in 2002 but I want to know my property lines for sure. How or where can I obtain that information. Collin County, Texas… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x