My question involves real estate located in the State of: Florida
Hello, we would like to install a fence (field fence) approx a foot on our side of our property line. While outside looking at our survey markers a neighbor drove by and called the family member (by marriage) who is responsible for the vacant home next to us. The owner has fallen ill and they are caring for her in their home, across town. The reason for fencing is we have 5 children between 2 & 10 and people fly up and down the road, it is for their safety. Well the gentlemen (not so gentlemanly) showed up within 15min of us being out their, he informed us that he didn't agree with the survey stake and we would be responsible for 1/2 the survey cost to resurvey it. He then later came back about 45min later and started to threaten us with his status of being a police officer (he is off duty and this is a neighbor matter not a "someone called the police" matter), taking us to court, making sure we would be responsible for court cost an all associated fees, and that the fence would be pulled down in the long run, and officially warning us not to trespass on the property (we never set foot on the property) and after being very ugly for a lengthy conversation called his wife to check their survey. She stated to him that the survey read the property line was 58 feet from the north end of the brick home on their lot, when measured at that time it was exactly 58 foot to where the survey marker said the property line was. Thus proving the marker had not been moved and both theirs and our survey's were agreeable. He then apologized for stirring such a fit. But not finished. The neighbor behind him who shares our property line (we have 1acre and they each approx 1/2, so both adjoin our property line) has used access thru our land to conviently access the backside of their home. We live on the N/S street and they live around the corner on the E/W street, that street runs in front of their home and our property is touching on the back side. They have ample access from the front and my fiancÚs father granted this back access before my fiancÚ received the land. We were planning on putting in gates to accommodate their access but to also keep our children safe but the gentlemen from next door now wants to fight the back neighbors battle by taking us to court again for the easement of the other person and if we don't put our fence approx 15ft on our side away from his property line they will take us to court for that too.
Our situation, I am a mother of 2 returning to college fulltime to finish my education and my fiancÚ (owner of the property by gift from parents) is a father of 3. We do not have ample financing but do care greatly for our children’s safety and with a speed limit of 40mph on a 1/2-mile long dead end residential road I am greatly worried about them.
What kind of action can he really take if both of our surveys agree? Pertaining to making us move our fence over 15ft from our property line.
Is installing 2 gates (entering our property from theirs & exiting onto the road) for their access amble enough for still allowing them convience access to the back side of their home legally, while keeping our children safe?
If we just put the fence up what action can he truly take and can he truly make this a money pit for us, with all surveys supporting each other and us willing to still grant access to the other side neighbors?
My first impression with his threatening of being a police officer and he has more than enough funding to fight this battle and that we will not win no matter what, shows me he just wants to be a pain in our behinds.
All three properties are owned by distant cousins and aunts, not close family even though neighbors, no much contact other than this occurance. Also the gentlemen from next door has rented the home out to strangers and we are unaware of their move in date. We (my fiance and I) wanted this handled before the property was sold or had other people involved.