My question involves real estate located in the State of: Florida, County of Volusia, City of Deltona
Hello, our question involves a neighbor that has very willingly encroached onto our property, destroyed our property, stolen the property marker and our city has permitted it all!
This has all unfolded over years and year, but I will attempt to make a long story short. Our neighbor has a ton of junk cars that he drives in and out of his gate from the front to back yard on our side. There used to be a large island of trees, shrubs and brush that divided our property and created a nice boundary our front of the houses. In order to pass his illegal cars through more easily, his wife cut down almost the entire island and piled all the brush up in the middle of it. The issue is more than 3/4 of the island was on our land.
We used to have a large pole at each corner of our land that was set when the lots were all originally plotted over 30 years ago. The neighbor's wife admitted to the police that she tore the one on the front corner out of the ground. She was not arrested or charged for this in any manner, although florida law states its a misdemeanor. My mother. who built this home, has been unable to find the original survey, so we just paid to have another one done.
Ok, so back to the island... my husband was furious that they cleared out our island without permission, they had also run some blue string where they believed the property line to be, so he decided to post "no trespassing and camera surveillance" signs to warn them to stop. They not only disregarded the signs, they blatantly tore it up right in front of us, called us names and threatened us. They have threatened us, including flashing a gun and throwing dog poop, over the years many times.
After that they really went nuts. They started to put tons of stuff along what they "believed" to be the property line. Garbage cans, recycling bins, trash, limbs and worst of all, a spite fence made of old junky wooden pallets that sits on rocks and is tied together with zip ties. We called the code and building department to complain. They made them move some of it, but they claimed the pallet fence was on the property line and a permit had been pulled, it also passed inspection. Horrific, ugly and terrible. We know that it was on our property, and if she hadn't stolen the property marker, the city building inspector would know too. He told me that if I could show him a survey that proves the fence was on our land, then it could be removed. Isn't it his job to know this before permitting the fence to be erected? Why should I have to spend another $400 to do his job for him!
Anyway, we did the survey and of course we are right, But honestly I don't trust the inspector to do anything about this hideous fence. And I don't know what to do next.
They also erected a privacy fence that is about 80 feet long in the back yard, and of course it in on our land too. They did this to hide their junk yard we kept calling code enforcement about. These people are such a terrible nuisance. Rules state that if code officers can't see into their yard, then our complaint goes unhandled. Again, I don't trust the building department to handle this properly. I have had to install an expensive camera system, recommended by the police, to monitor all of the new property markers, in case the wife decides to steal them again. This isn't right!!! They also have caused major damage to our chain link fence over the years by piling their junk on it and pushing tons of dirt against it in order to move their cars in and out.
Should I go to court and sue the city and the neighbor? This has cost us so much money, time and headaches! Endless calls and emails to the police, the building department, code enforcement, tons of hours of research on laws and rights, tons of sleepless scary nights and so much stress that makes us physically ill. We didn't buy this property so someone could move in and take it inch by inch over the years. We are frightened to be outside, for our animals to be poisoned, etc. They are really crazy people and we never know what they might do!
Please help! Any advice is welcomed! We don't mind hiring and attorney, but is it worth it? Thanks everyone!
Hello, our question involves a neighbor that has very willingly encroached onto our property, destroyed our property, stolen the property marker and our city has permitted it all!
This has all unfolded over years and year, but I will attempt to make a long story short. Our neighbor has a ton of junk cars that he drives in and out of his gate from the front to back yard on our side. There used to be a large island of trees, shrubs and brush that divided our property and created a nice boundary our front of the houses. In order to pass his illegal cars through more easily, his wife cut down almost the entire island and piled all the brush up in the middle of it. The issue is more than 3/4 of the island was on our land.
We used to have a large pole at each corner of our land that was set when the lots were all originally plotted over 30 years ago. The neighbor's wife admitted to the police that she tore the one on the front corner out of the ground. She was not arrested or charged for this in any manner, although florida law states its a misdemeanor. My mother. who built this home, has been unable to find the original survey, so we just paid to have another one done.
Ok, so back to the island... my husband was furious that they cleared out our island without permission, they had also run some blue string where they believed the property line to be, so he decided to post "no trespassing and camera surveillance" signs to warn them to stop. They not only disregarded the signs, they blatantly tore it up right in front of us, called us names and threatened us. They have threatened us, including flashing a gun and throwing dog poop, over the years many times.
After that they really went nuts. They started to put tons of stuff along what they "believed" to be the property line. Garbage cans, recycling bins, trash, limbs and worst of all, a spite fence made of old junky wooden pallets that sits on rocks and is tied together with zip ties. We called the code and building department to complain. They made them move some of it, but they claimed the pallet fence was on the property line and a permit had been pulled, it also passed inspection. Horrific, ugly and terrible. We know that it was on our property, and if she hadn't stolen the property marker, the city building inspector would know too. He told me that if I could show him a survey that proves the fence was on our land, then it could be removed. Isn't it his job to know this before permitting the fence to be erected? Why should I have to spend another $400 to do his job for him!
Anyway, we did the survey and of course we are right, But honestly I don't trust the inspector to do anything about this hideous fence. And I don't know what to do next.
They also erected a privacy fence that is about 80 feet long in the back yard, and of course it in on our land too. They did this to hide their junk yard we kept calling code enforcement about. These people are such a terrible nuisance. Rules state that if code officers can't see into their yard, then our complaint goes unhandled. Again, I don't trust the building department to handle this properly. I have had to install an expensive camera system, recommended by the police, to monitor all of the new property markers, in case the wife decides to steal them again. This isn't right!!! They also have caused major damage to our chain link fence over the years by piling their junk on it and pushing tons of dirt against it in order to move their cars in and out.
Should I go to court and sue the city and the neighbor? This has cost us so much money, time and headaches! Endless calls and emails to the police, the building department, code enforcement, tons of hours of research on laws and rights, tons of sleepless scary nights and so much stress that makes us physically ill. We didn't buy this property so someone could move in and take it inch by inch over the years. We are frightened to be outside, for our animals to be poisoned, etc. They are really crazy people and we never know what they might do!
Please help! Any advice is welcomed! We don't mind hiring and attorney, but is it worth it? Thanks everyone!
Adverse Possession: Neighbor Has Knowingly Encroached, Stolen and Damaged Property and City Permitted It
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