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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38217
Experience:  17 years real estate, Realtor. Landlord 26 years
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Our 20yr old dock an seawall with all taxes paid for all

Customer Question

Our 20yr old dock an seawall with all taxes paid for all that time. Our neighbor is seeing us to remove same. He acquired a quit claim deed to the flooded land under our dock. He acquired this 10yrs ago an is just now choosing to have us remove. He got mad last December an started the lawsuit. Where do we stand by fla law?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Fla
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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Are you saying that your dock and seawall has been on the neighboring land for over 20 years?

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And then neighbor he just got a deed for the land 10 years ago?

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thanks

Barrister

Customer: replied 5 months ago.
Our dock is connected to our waterfront lot which is where we built our home 20yrs ago. We have a clear title to our property. We never knew the property under dock was considered floodedge land. We are a neighbor hood of nice homes never was a question about dirt under dock. This lake was dammed up about 50 yrs ago.
Expert:  Barrister replied 5 months ago.

Ok, then the neighbor is out of luck because if you never got permission to build, you are legally a trespasser, which is a good thing here..

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Because in FL if you trespass on someone else's land and use it for over 7 years, then you can legally claim ownership of it under FL adverse possession statutes. In Florida the period of time for adverse possession must be at least seven (7) years. Florida Code §95.16-.18.

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So he has no legal grounds to force you to do anything here and you could actually file a quiet title lawsuit and claim legal ownership of that land you are on under the adverse possession laws..

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thanks

Barrister