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Adverse Possession
Last year my husband and I purchased 5 acres in Marion Co. Florida. This year we were given access to two previous surveys (one undated and one from 2003) that both showed the same thing that a current 2006 survey shows... the neighbor to our South had her fence encroaching 30ft onto the property for about 2/3 the length. The property has been in her family for over 80 yrs and she claims the fence has been there that long and she's obtaining a lawyer to claim adverse possession.
My husband was clearing the property line and took down what little remnants there were of the fence and the trees and shrubs in that 30ft. We feel that because she immediately came up with the adverse possession law instead of defending the boundary that she knew it was encroaching. The fence was not maintained and that portion of land was not being used for anything. She has not paid taxes or recorded color of title.
Does she have a case against us???
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Re: Adverse Possession
According to the Florida Court of Appeals, Goss v Woodring, 834 So. 2d 185 (2002), "the claim requires proof that the party claiming the land by adverse possession under color of title has been in continuous, open, exclusive, and notorious possession of the land for an uninterrupted period of seven years." In more detail, here's the statute of limitations with color of title and without color of title.
It sounds like she knew it wasn't her land; but that alone can't stop her from trying to make an adverse possession claim. Right now you've asserted your ownership and control, which is the correct thing to do to defeat her claim, and the longer she waits the less likely she is to succeed in a claim. If you hear from her lawyer, it would be sensible to have the letter reviewed by a real estate lawyer of your own, and certainly if you are sued it makes sense to get professional legal help.