Question 1

How are boundary disputes resolved in Florida?

Accepted Answer

Resolution methods: survey (hiring a licensed surveyor to establish the legal boundaries based on the property’s legal description), negotiation (the neighbors agree on a boundary line and record a boundary line agreement), quiet title action (filing a lawsuit to have the court determine the boundary; Chapter 65), and adverse possession (if one party has openly occupied the disputed area for the statutory period). Florida recognizes: the doctrine of acquiescence (if neighbors have treated a line as the boundary for a long time, the court may enforce it), and the doctrine of agreed boundary (if neighbors expressly agreed on a boundary, the court may enforce the agreement).

Question 2

What is a boundary line agreement in Florida?

Accepted Answer

BLA: a written agreement between neighboring property owners that establishes the boundary between their properties. The agreement: resolves the dispute without litigation, is recorded in the official records (providing constructive notice to future buyers), and should be: signed by both property owners, notarized, and recorded. The BLA may include: the agreed boundary line (described by survey), any adjustments to the legal descriptions (if the agreed line differs from the deeded line), and any consideration exchanged. Both parties should consult an attorney and have a survey prepared before signing.

Question 3

What role does a survey play in Florida boundary disputes?

Accepted Answer

Survey role: a licensed surveyor examines: the legal description in the deed, the original plat (if the property is in a subdivision), existing monuments and markers, and physical features (fences, walls, and improvements). The survey: establishes the legal boundaries based on the deed, identifies any encroachments (structures that cross the boundary line), and provides evidence for litigation (the survey is admissible in court). Florida law: Section 472.005 defines the practice of surveying, and only licensed surveyors can establish legal boundaries.

Real Property Boundary Dispute

Real Property Boundary Disputes in Florida

Resolution Methods

Boundary Line Agreement

Survey Role

Related Terms

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