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  1. #1
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    Jun 2016
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    Exclamation How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    My question involves criminal law for the state of: My question involves criminal law for the state of: Florida

    My father has property in Florida, Holmes county to be exact. He has been paying taxes on it for 21 years. We currently have rental tenants living in the house on property. Recently, a neighbors property changed hands. The new owner believes that he owns part of our property because his surveyor told him so. Our surveyor (who has been surveying the property for 30+ years) has said the opposite. All the paperwork and records are in our favor. However, this neighbor has currently put up a huge fence surrounding the property, has knocked down two buildings, pulled up and destroyed hundreds of trees, and the list goes on. He has threatened our tenants saying they need to leave or he will bulldoze the house.

    The local sheriff REFUSES to act. Saying they cannot trespass him because he also claims to own the land. Meanwhile, he is ruining our land and scaring the poor tenants senseless. We have employed a lawyer who has taken 5 months to even attempt to have him sued with a civil suit.

    Please advise if you can! Willing to provide more details if needed!

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    It sounds like you'll need to seek a restraining order or bring an ejectment action, or both.

    If your current lawyer is too slow to act, you can consider switching to a different firm.

  3. #3
    Join Date
    Jun 2016
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    141

    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    Quote Quoting Mary Howes
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    My question involves criminal law for the state of: My question involves criminal law for the state of: Florida

    My father has property in Florida, Holmes county to be exact. He has been paying taxes on it for 21 years. We currently have rental tenants living in the house on property. Recently, a neighbors property changed hands. The new owner believes that he owns part of our property because his surveyor told him so. Our surveyor (who has been surveying the property for 30+ years) has said the opposite. All the paperwork and records are in our favor. However, this neighbor has currently put up a huge fence surrounding the property, has knocked down two buildings, pulled up and destroyed hundreds of trees, and the list goes on. He has threatened our tenants saying they need to leave or he will bulldoze the house.

    The local sheriff REFUSES to act. Saying they cannot trespass him because he also claims to own the land. Meanwhile, he is ruining our land and scaring the poor tenants senseless. We have employed a lawyer who has taken 5 months to even attempt to have him sued with a civil suit.

    Please advise if you can! Willing to provide more details if needed!

    Florida has very liberal gun laws (see George Zimmerman). So, someone from your family should get some guns and get down to Florida ASAP and put a stop to what this guy is doing. That is what you do in the short term.

    In the long term, you may have to file a complaint to the Florida State Police or to the Florida Attorney General. It's possible that the local sheriff has been paid off by this neighbor.

  4. #4
    Join Date
    Jul 2010
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    7,600

    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    Quote Quoting TechWorker
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    Florida has very liberal gun laws (see George Zimmerman). So, someone from your family should get some guns and get down to Florida ASAP and put a stop to what this guy is doing. That is what you do in the short term.
    Yeah, add guns to what is already a volatile situation. That can't possibly go wrong.

    Quote Quoting TechWorker
    View Post
    In the long term, you may have to file a complaint to the Florida State Police or to the Florida Attorney General. It's possible that the local sheriff has been paid off by this neighbor.
    Yeah, that's it. The neighbor is paying off the sheriff.

    Also, it's the Florida Highway Patrol. They don't have State Police.

  5. #5
    Join Date
    Oct 2014
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    7,157

    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    Quote Quoting TechWorker
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    Florida has very liberal gun laws (see George Zimmerman). So, someone from your family should get some guns and get down to Florida ASAP and put a stop to what this guy is doing. That is what you do in the short term.

    Confronting an unarmed trespasser with a gun has the potential to end up very badly and I would not recommend that course of action. Too many people with guns truly do not know how to properly use, with tragic results happening. George Zimmerman’s case is a great example of that. While he was not convicted of a crime for the death of Trayvon Martin, the OP or his/her relative that gets involved with any gun related incident out of this may not be so lucky. That’s especially true if, as you speculate, the neighbor has favor with the local officials.

  6. #6
    Join Date
    Sep 2013
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    312

    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    Quote Quoting TechWorker
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    It's possible that the local sheriff has been paid off by this neighbor.
    You've been watching too much television in your mother's basement.

  7. #7
    Join Date
    Jun 2016
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    141

    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    Quote Quoting Pringle
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    You've been watching too much television in your mother's basement.
    No, I've been reading too many news stories.

    Oh, look. Even the Florida Attorney General accepted a bribe from Donald Trump.

    http://bigstory.ap.org/article/e16a8...ing-fraud-case

  8. #8
    Join Date
    Jul 2010
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    7,600

    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    Quote Quoting TechWorker
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    No, I've been reading too many news stories.

    Oh, look. Even the Florida Attorney General accepted a bribe from Donald Trump.

    http://bigstory.ap.org/article/e16a8...ing-fraud-case
    So you want OP to call the AG, who is themselves suspected of taking/requesting a bribe, to investigate possible corruption in another public official?

  9. #9
    Join Date
    Jun 2016
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    141

    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    Quote Quoting free9man
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    So you want OP to call the AG, who is themselves suspected of taking/requesting a bribe, to investigate possible corruption in another public official?
    Or, perhaps the OP can call the FBI. If the sheriff and the neighbor used the phone and/or email to conspire against the OP, then federal laws were broken. That's how the feds got Illinois governor Blagojevich.

  10. #10
    Join Date
    Dec 2015
    Posts
    272

    Default Re: How to Stop a New Neighbor from Trespassing on and Claiming Our Land

    Quote Quoting TechWorker
    View Post
    Or, perhaps the OP can call the FBI. If the sheriff and the neighbor used the phone and/or email to conspire against the OP, then federal laws were broken. That's how the feds got Illinois governor Blagojevich.
    OP - probably not the best advice on this topic. If your current lawyer is non-responsive, hire a new attorney. This needs to be handled through the court system. Have you had your own survey completed by a registered surveyor? Have you shown those results to the neighbor? Either way you will need a survey for court. Do not just go and shoot the neighbors.

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