Q: We live in Duval County Florida. The home next door just sold and the survey stakes show that their in ground koi pond
encroaches on our property by approx. 4' wide by 20' long. Is their pond considered real property? Would it be prudent to have a copy of their current survey for a future sale on our property? If so, how would we obtain a copy of the survey?
Thank you
A: I suggest your best option is to speak with the neighbor about having the pond moved. I understand that it is not going to be a pleasant situation but the pond encroaching on your land is the same as a fence. It will be a problem down the line.
A: The encroachment will present a problem for you in the future if you try to sell your property. The only way to get a copy of the neighbor's survey is for them to agree to provide it to you. Otherwise, you will need to hire your own surveyor or you may have your own survey from when you purchased your home that may be helpful. The big question is when did the pond get there? If it was there when you purchased your home, it should show on your survey. If they recently dug it out, then they may need to move it or pay you for an easement across the encroaching area of your property. You will probably need to consult with an attorney to review your documents and discuss your options. Best of Luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
