Fence/Boundary Dispute, Overlapping Deeds

My question involves real estate located in the State of: Florida

Long story short: We bought our home a couple years ago, RE company notified us verbally and in our purchase contract that one of the existing privacy fence lines encroaches by ~10ft (confirmed by survey), RE agent verbally notified the two effected neighbors also. One month after closing we hire/pay a fence builder to build a new 200' fence per our survey/deed (old fence was in HORRIBLE shape)...we also send a brief letter to the two effected neighbors with a copy of the survey and deed before the builder starts construction.

A couple months later we find out that the home that lost the most property is a rental and the owner lives out of state and he is not happy that the fence was moved. Due to the stress of the situation I pay for a second survey to validate everything and to also make sure the new fence was built on the line denoted in our deed...new survey showed new fence is now on the line in accordance with our paperwork/deed. Neighbor has owned the home for 6 years prior to us moving fence so AP does not apply I assume since the 7 year requirement was not met. His house was built about 10 years ago in a brand new subdivision while ours was built ~40 years ago on an acre fyi.

Problem is that the neighbor and I discover we have overlapping deeds (coordinates overlap). We both file claims with our title insurance, mine says they cannot help me since I followed my legal paperwork and have no claim. He notified me recently that he's not using his title insurance attorney anymore and that he recently hired his own lawyer. When we first talked about the issue almost a couple years ago he stated in a semi-aggressive manner that he doesn't want to have to 'come after' me to get all of his travel/etc costs reimbursed...I then explained to him we were simply following the legal paperwork we were given and I even paid out of pocket for a second survey.

Can anyone provide any advice on what generally happens in this scenario? Who would have to pay for moving the fence if that's what comes of it? Can we be held liable for his 'expenses'?

ANY advice/info is MUCH appreciated...it would help me sleep easier!

What exactly do you mean by "coordinates overlap?" And why didn't either of the 2 surveys find the overlap?

Since you have already had 2 surveys, and I assume each one was done by a separate surveyor and they agreed with eachother, I can't understand why there would be any overlap at all.

My initial guess here is that there are some dimensions which don't appear to "add up." Well, they don't necessarily have to in order for the true line to be correctly located on the ground. I need to know more, but for the time being I'd definitely leave the fence right where it is.

Sounds like you're doing a lot to rectify this situation. Additionally, not surprised that Title Insurance isn't covering legal expenses for this dispute....though I would consult a RE lawyer to check out the fine print. That said I am sure there are a quite a few pages in your Insurance packet and policies are written in such a way that the insurer has wriggle room not to pay/assist. At the end of the day TI - it's a racket.

As per the absentee owner - isn't it his responsibility to oversee his property from time to time? If he lives out of state - tough nuggies. Hilarious that he would even throw out the idea of a possible defendant covering necessary travel expenses. Personally, sounds like is putting his best defense front ahead of some necessary work that he hasn't attended to.

Thanks for the replies so far. I guess a simpler way to break it down is that I wasn't aware of the deed overlap until after the fence was moved/re-built per the measurements on my deed. Only thing I can loosely gather after speaking to the surveyor is that the older deed/title take priority. I can understand the other party is upset, looking back I would of sat on the RE company to resolve the issue before closing...but it's not like I have a lot of practice buying homes and what to look out for.

So what happens if his deed/title take seniority...should my title insurance pay for the moving of the fence?? I wouldn't feel it's fair for me to pay for 200' of fence twice in a situation like this.

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I guess a simpler way to break it down is that I wasn't aware of the deed overlap until after the fence was moved/re-built per the measurements on my deed.

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We are not aware of any deed overlap here. You have had two surveyors tell you that there isn't one, and a previous poster has asked you to explain your theory of an overlap but you have taken a pass on that question. We have absolutely nothing else to go on.

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So what happens if his deed/title take seniority...should my title insurance pay for the moving of the fence?? I wouldn't feel it's fair for me to pay for 200' of fence twice in a situation like this.

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I see this has already been answered. If the title insurance lists you as the insured, and not a mortgagor, you can ask the title insurance company. In either case it is highly unlikely that the insurer is covering boundary issues which are typically excepted from coverage. Your neighbor does not seem to have a survey agreeing with his theory of the location of the boundary, while you have two surveys supporting your fence. I don't understand what you are worried about.

Sorry if I wasn't clear...but the survey does show deed overlap

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Quoting FamilyMan1

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Sorry if I wasn't clear...but the survey does show deed overlap

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so, to be clear:

at least one of the surveyors has reviewed the neighbors deed and has stated that the descriptions of the two lots do overlap, correct?

That is correct

A discrepancy of ~10 feet would be unusual, particularly in a residential area.

Since you have had two surveys which agree, and the surveyors were aware of the situation, I would think that they have resolved the location of the boundary to their satisfaction. It sounds as if you have taken all of the correct steps in the matter.

The next step, if any, is up to the neighbor. If he has actually hired his own lawyer, he is going to have to wait for the lawyer to look into it and give an opinion.

The seniority issue mentioned by the surveyor will depend most likely on the circumstances surrounding the original creation of your two adjoining parcels, and not the dates of the current deeds/titles.

You're in a residential development? In my county, you can look up the PLAT of your neighborhood online, in the Official Records Search. You might want to see if you can in your county, so that you can have more information in this matter.
Florida Clerks of Court