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  1. #1
    Join Date
    Jun 2011
    Posts
    3

    Post May the Owner of Neighboring Property Put Fence Poles in My Drain Field

    My question involves real estate located in the State of: Florida
    I have a life estate in a mobile home and the lot it sits on. which is the way the will was written problem is the mobile home sets on a lot and a half of which it was discovered before the original owner died that the drain field extends to the other half of the half lot of which he also owned. With the knowledge of the location of my septic and drain field the current owners have put in telephone poles for a fence in that area thus creating possible damage to my system. The caretaker of the property has threatened me with destroying the system thus forcing me to leave the property. I can not afford to leave where I live.

    The system and the mobile home was put in in 1989 by the original owner on the lot and a half. Transfer of the property was in 1991 then in 1994 to the person who left me the life estate in 2009.

    If anyone can tell me which direction I should go in order to stop this mess please let me know.

    The family of the person that left me the life estate are very upset that I have the life estate. The property I have is in the middle of the property owned which is preventing them from selling the property as a whole until I die. The property is deeded as a lot on the north side of me, the remaining half lot, and the lot on the south side of the half lot. This is all recorded on separate deeds.

    Thank-you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: May the Owner of Neighboring Property Put Fence Poles in My Drain Field

    You may have easement rights for your drain field where it extends over the neighboring property, depending upon the full facts and title history. I suggest having a real estate lawyer review that history, the title work, and how that would impact the installation of the light poles.

    If the person is installing the poles on his own land and they don't have any impact on your drain field, despite being in the same portion of his property, it would not appear from what you've told us so far that there's any reason they cannot put up the poles.

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