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My neighbor pulled up the survey stakes and says the

Customer Question
My neighbor pulled up...

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.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Yes, Florida, Jacksonville Beach. Per Jacksonville Beach the fence has to go back on the platted property line. She has not paid taxes or have we agreed to a land spit.

Lawyer's Assistant: Has any paperwork been filed?

No, I have to file in small claims to get the $200 back.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Oh, she called the police saying we were having a fight at 5:58am, just to be a you know what. We were not having a fight.

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/18/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,178
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about this situation For someone to claim adverse possession, they have to get authorization by the courts to actually possess the property. Adverse possession requires that somebody open in notoriously occupies the land of another for statutory period of time. What this means is that they must do it adversely to the other party. This means that a court is going to require them to prove all of the elements into have been occupying the property for a certain amount of time. Usually it's 7 years in FL. You will have an opportunity to make your own defense that one or more of the elements regarding adverse possession is in met. She does not just get the land automatically. She will have to make the claim in the award of the land.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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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).

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