Real estate disputes re foreclosed property frustrates neighbors

On Behalf of | Mar 30, 2020 | Real Estate Disputes |

A Florida resident once owned two adjacent pieces of property with a home on each side. The owner eventually had the homes torn down and built a new home on one of the lots. When the home was foreclosed, and a new owner acquired the empty lot next door, real estate disputes arose because construction of the home had apparently encroached onto the adjoining property. Neighbors say they are frustrated because no one will buy the home under the circumstances due to a fence the lot owner built that physically crosses the pool and garage area of the home.

Since the garage and other parts of the new construction encroach the lot owner’s property by approximately 15 feet, the lot owner is not violating any regulation by placing the fence where it is. However, neighbors say it is an eyesore. It has also reportedly impeded selling ability because fine print in the prospective contract say a buyer must accept the home and property in as-is condition. Neighbors filed a petition with the Orlando Municipal Planning Board, requesting that modification be allowed so a home could be built on the empty lot.

The petition was rejected although 35 residents had signed it. The group says the existing home is being neglected and no one wants to buy it as-is. The empty lot owner reportedly said he built the fence because he wanted to clean up the lot and make the true property line more visible. The neighbors say the situation is affecting their entire community because the home, empty lot and fence traveling through a swimming pool and garage are major eyesores that lower buyer interest in the area.

Real estate disputes regarding boundary lines and possible encroachments are not uncommon in Florida. Land surveys, maps and legal descriptions of a specific property can be used to determine if an encroachment has taken place. Such cases are often complex, which is why most property owners rely on experienced real estate law attorneys to represent them at the first sign of a property line dispute.


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