I was misled as to the boundaries of property i purchased. A year later seller had survey done and wants to move property line

Asked over 2 years ago - Ocala, FL

On 5-2011 i saw advertised in local paper 2.08 acres, mobile home, and pole barn for sale, which i purchased from seller, who is now my neighbor. The barn was the selling point for

me. He showed me a tree line and path cut directly behind the barn and indicated that it was the property line. i had a

realator assist me with a warranty deed, paid cash, registered sale at courthouse, and the deal was done. I have since

that time paid taxes on the polebarn, the mobile home, and the acreage. I have also, in addition to the 30 ft x 16 ft pole

barn, added a 15 ft x 12 ft a frame wooden shed which i had moved here with great difficulty and no small expense. I want

to mention that the previous owner, Jerry, has continually stated his regret over having sold us the polebarn. Last Friday,

4 days ago, we found surveyors stakes in the middle of our back yard, and Jerry at the door with what he called 'bad news".
He said he had the property surveyed and that the pole barn, along with our new shed, and a large peice of the high ground

were all his property. Today we recieved a hand written, registered letter advising us to vacate the property(his

property) within 10 days or he would dispose of our property in any way he saw fit. He stated that he was advised to do

this by the County sheriff"s department. The polebarn is to old and big to move, the new shed we have just finished

repairing from the damage of moving it here. He misrepresented and falsly advertised the property. Can we make him move

the property line, or force him to reclaim his property from the swampland on th back instead of the high ground in the

front, both border his property?

Attorney answers (2)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Boundary disputes are complex and difficult. From what you have posted, you will not be able to get a satisfactory answer to your problem in an online forum. You should consult an experienced real estate lawyer in your area about the situation. You are probably going to have to litigate to get a satisfactory solution.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Kenneth Allyn Sprang

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You will need local real estate counsel to help you sort this out, but here are some basic factors. First, what does your deed say. If the deed actually conveys everything then it is likely yours. Traditionally under the merger rule the deed controls after the sale is closed, so if the deed conveyed all to you you should be on reasonably solid ground. I assume the sale agreement specified what you were buying as well.

    Beyond that there is a doctrine known as "estoppel" in which if one person misleads another and the other relies on the misleading information, the first person cannot assert his claim. Since Jerry has continually led you to believe that all was yours and you invested time and money into erecting another structure, he may be estopped from making his claim now.

    You need a lawyer and need one quickly so that no harm is done that cannot be undone. Without knowing more, one cannot be certain of the outcome. However, this is not really a boundary dispute alone--there are much bigger issues at play here.

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