Video Summary

What is Adverse Possession and How Does It Work? Well, whenever you ask a Board Certified Real Estate Lawyer about adverse possession, he puts it in the context of real estate. There is a Statute, which allows you if you have, you possess the property adversely. Meaning that you’re living there and you have what they call Open and Notorious Possession of the property. Means that you probably fenced it or it’s been enclosed by a fence, and you’re not there with permission of the owner of the property. That means that you’re possessing the property adversely.

This can happen, particularly if you believe you own the property, and you might have a Deed to it, and so you’re living there, and yet there’s other people who are claiming ownership. Under that scenario, you can then file what they call a Suit to Quiet Title to eliminate the interest of any other parties, because you have what they call Color of Title. Meaning you have a Deed to the property and that you are there, and you have open and notorious possession. Meaning that you’re living there and it’s not like it’s you’re living in another State, but you’re possessing it.

Then, in addition to that, you need to be paying the taxes on the property, and after seven years of paying the taxes, as well as having some sort of Deed to the property, you can then file a Suit to Quiet Title, based upon Adverse Possession. Now, there’s a problem, however, whenever someone moves into the property, and they don’t have the Deed to the property. They can possess the property adversely. Meaning if someone is out of State, or someone’s died, and no one objects, basically a squatter that moves in and takes over the property.

Well, they’re possessing the property adversely. However, that does not mean that they will eventually have a right to claim ownership of the property, just because they have possessed the property adversely or they’re living there, and they can be subject to a cause of action, which would depossess them of the property, and it’s not a defense to say, “Oh, I’ve been living here for seven years, and oh, I’ve been paying the taxes.” Well, that doesn’t work. However, if they live there and there’s a particular form with the Property Appraiser’s Office that you can complete that says that you wish to return the property for taxes. It’s a particular form that you complete and say, “Send me the tax bill. The purpose of this is that I’m going to pay the taxes for seven years, and after seven years, and I’ve occupied the property, well, then I’m in a position to file a suit to Quiet Title.” That’s another way to obtain title by adversely possession of the property.

Some folks are concerned about when their neighbor’s fence is over their property line by a foot, or a few feet, or whatever. They’re concerned about their neighbor trying to claim their property, they’re losing ownership. That doesn’t happen, because they don’t have title, and furthermore, you could consider consent, so that’s the other thing. Is if you let your relative, or anybody else, your friend, or whatever, live on the property and they pay the taxes, or whatever.

They’re living there with your consent, and so they cannot later claim some kind of ownership, because they are not claiming it adversely. Whenever your neighbor’s fence is on your property, probably the worst thing that you could do was to say, “Move your fence,” and then not do anything about it, because then it would show that they’re adversely possessing a part of it. If you just leave it there, well, they can’t say that they were possessing your property adversely, just because you being a good neighbor, and let them maintain their fence.

If you have any questions about adverse possession and trying to build title, you can give me a call at 727-847-2288. Let me remind you, if you’re viewing this out of State, that I’m a Board Certified Real Estate Attorney in the State of Florida. I can’t give you any advice as far as any other State is involved, and so what I say on this video is, “Florida Specific.” My phone number again is 727-847-2288.

Video Summary

When Would I Need A Quitclaim Deed? Well, first let’s talk about, “What is a quitclaim deed?” A quitclaim deed says that, “I convey to you whatever interest I may have in the property that I am conveying to you.” It’s not saying that you have any ownership interest whatsoever. Most of the time, quitclaim deeds are the primary purpose whenever lawyers use them, is usually in conjunction with clearing the title to real estate. You simply say, “Well, look. I’m not warranting,” meaning that I’m not asserting that I have ownership, like what you do under a Warranty Deed. You’re simply saying, “Look. Here it is. Whatever problems there are with the title to the property, you’ve got them. Whether there’s liens against it, whatever the situation is, here’s a quitclaim deed. I’m simply transferring the property.”

I find that I field calls all the time, or people suggest to me the solution to their real estate title problems is getting a quitclaim deed, and I suggest to these folks that talk to me about their solution, as far as using a quitclaim deed, is the operative word is a Deed or a Conveyance, so you need to look at the particular circumstance as to what kind of deed do you want to use and the intended purpose. That many people throw that term around, “Well, I’ll just use a quitclaim deed,” and thinking that that is a cure-all to any particular problems. It’s unfortunate that sometimes when people just use a quitclaim deed, not thinking that that could cause them problems down the line. Well, it can, and also the conveyance must comply with the requirements of the Florida Law, and need to show the meritable status, and exactly what they are transferring. A quitclaim deed is simply a deed that does not have any warranties and says that, “Look. Whatever interest I have in property, I am transferring to you.”

I would encourage you if you’re dealing, or looking to buy some property, and the person says, “Oh, we’ll take care of this. We’ll just use, I’ll give you a quitclaim deed to the property, and you give me X number of dollars, or whatever.” Be very cautious on that. You need, particularly, if it’s, usually it’s a substantial investment if it’s a house or property, and you may wind up with nothing. That’s the reason why we have title insurance, and for a few hundred dollars or hundreds of dollars, you can verify that you’re actually getting marketable title to the property, or at least know what the liens are against the property. Don’t take someone’s word for it and simply have them execute a deed, a quitclaim deed, whenever you’re paying them good money for the property. Quitclaim deeds are usually used to clear up people’s interest in property, where you’re not purchasing it from them, and it certainly isn’t a cure-all. If you have any questions about quitclaim deeds, give me a call at 727-847-2288.

Video Summary

Do I have to get my neighbors permission to erect the fence where there is already one? Well, that sound like a simple enough question. First off is you need to figure out where your boundary line is. If your neighbors fence is on his property or even if it’s on your property, well, you can put up a fence and you can put it back to back with his and you don’t have to ask his permission.

It’s really not a matter of asking the client, the neighbors permission and that you can put fences up on your property and around them back to back. In fact, I’ve seen that whenever a neighbor has a fence up, but it has been somewhat neglected over the years and is not very sightly, so you may then want to erect a more opaque fence, such as one of this new vinyl fences and you can run them back to back with your neighbors fence. The big thing is, you need to put your fence on your property.

If your neighbors fence is on your property, you can explain to them or send them a little letter with the survey showing that their fence is encroaching upon yours and ask them to please move their fence since it’s on your property or work with the neighbor as far as erecting your new fence and suggest that it’s not a problem if he wishes to tie into it. Depending on what the circumstance is as to how you work that out, but the answer to the questions is you don’t need to ask your neighbors permission to put up a fence as long as it’s on your property.

One cautionary note here is that you need to check your home, your restrictive covenants, in your homeowners association restrictive covenants and that they may restrict whether or not you can construct the fence and you may need to get their permission to put up a fence, whether it’s on your property. That’s something that you might want to check on before you do that.

Also, I think that you’re supposed to whenever you do a fence, there’s a finish side and a an unfinished side. The finished side is supposed to face your neighbor, with the unfinished side facing your side. However, that’s your wood fences versus the new vinyl ones, which don’t have an ugly side. Unless they hadn’t been pressure washed in a long time. That might be on both sides. The other sane thing is as far as maintaining it, you need to get your neighbors permission if you do need to do maintenance to go on to his property.

If you have a problem with fences or whatever, well, I’ll be glad to chat with you about it. Give me a call at 727-847-2288.

Video Summary

How can I stop my neighbor from letting their dog use my yard as a bathroom? Well, I’m afraid I don’t have very good answers for that. I don’t think you really have a viable legal question, and there’s not always a legal answer to a problem. Technically, the dog or the neighbor allowing the dog to come onto your property could be considered trespass, but that’s going to be tough. You don’t want to go to court over a trespass case as far as a dog’s concerned, and then also them not being a good neighbor and policing up after the dog, which probably you wouldn’t mind so much as long as they policed up after the dog.

It falls into one of those categories where it’s just not very considerate, I guess bad manners or whatever, and so you just might suggest, if you see the neighbor, just ask them if you, “Please police up after your dog.” Of course, you may not see it. You just see the results of the latest walk rather than see them right in the actual act or not. There really isn’t a good legal answer to that, and just something that people should be more considerate of their neighbors and police up after their dogs as far as that’s concerned.

I always try whenever we have a problem such as this, is talk about practical solutions to it. I don’t know if you could put up a small picket fence or something, a decorative picket fence in the front. I don’t know if you have a sidewalk or whatever to keep just a decorative small fence, and hopefully the neighbor wouldn’t have the dog jump a small one-foot decorative fence or whatever, as far as that’s concerned. I really don’t have a legal solution to that.

Unfortunately, I don’t think we have a wise enough man since King Solomon to come up with the answer to that problem, a solution, but the only thing I could suggest is if you see them out there, suggest they don’t do it, which is very difficult, or maybe put up some kind of little decorative fence just as a practical matter, make it a little more inconvenient so that the dog would not be so inclined to use your property, but he moves next door and uses your neighbor’s property for whatever uses he needs to take or whatever urges come upon him during his neighbor’s walk.

Of course, if they’re not even walking him and they’re just running wild, well, I guess you can call animal control to say that they’ve got an unleashed dog, but again, that’s not real practical since animal control by the time they get out there the dog’s gone and there’s not a lot you can do about it. I’m willing to talk to you, but I don’t have any answer. You can call and talk to me about the neighbor’s dog at 727-847-2288.

Video Summary

How do I go about modifying my property line? Well, you do that very carefully and with a lot of cooperation from the neighbor who is adjoining your property. The first step as far as modifying your property line is to establish, as far as the survey is concerned and have your surveyor come out and survey and monument where your property line may be. Then, if you have fences or your neighbor has fences or there’s some other reason that you need to modify the property line. Then you need to have the surveyor provide a legal description for the property in question that you wish to expand your property line on. or decrease it and show where that line will be and a legal description for the property on where it will be situated.

Once you have that done, you then need to approach the property owner who is adjacent, who owns this property that you wish to modify and ask them if they would be willing to sign a deed to the property in question. If they are or if you have to persuade them with money, whatever the situation is, then you get with them and show them the survey. If they’re in agreement, we then have your neighbor sign a deed for the property in question.

That’s how you modify your property line. You use surveys, you need the cooperation of your neighbor who owns the property. You need to be careful if it’s a small or [plaided 00:01:56] lot because you don’t want to make their property too small for land use purposes or future land use purposes. You need to look out for subdividing property as far as whatever county you’re in and any subdivision ordinances. It needs to be done with doing some due diligence.

Usually it’s more of a dispute over the surveys involved rather than modifying it. It is determining where the boundary line is and certainly, if there’s any encroachment such as fences or even buildings, how do you resolve that? That’s when you get into modifying the boundary line and hopefully you can get that accomplished through some sort of agreement. If not, then you may need to see an attorney to establish what the boundary line is. If there are any encroachments or fences that can’t be handled through cooperation of the parties or self help, you may need to pay an attorney to see about taking care of the encroachment or to actually establish where the boundary line is situated.

Surveys are great whenever you purchase property. Many people don’t do that if they’re paying cash for it, but a survey, when you buy a property is great so it shows whether or not there’s any encroachments, any fences. I would encourage you that if you are going to buy a property, get the existing survey or order a new survey so you can see where your neighbor’s fence is or the buildings and you know, before you buy the property, whether or not there’s a dispute as far as the boundary line is concerned.

Have your title insurance ensure that there are no facts that an accurate survey would disclose and they can delete that exception. If you have a boundary line issue, they can really get nasty, but give me a call at 727-847-2288.