Tavares, FL asked in Real Estate Law and Land Use & Zoning for Florida

Q: Duke has 3 anchors in our front yard on our side of the fence. We have a clear title and deed.

There is no record of an anchor easement anywhere at the Property Appraiser Office or at the County Clerk's Office. Duke Engineers came out and insisted they had been there awhile and later emailed a notarized document that went back to 1960 (not paged or numbered with the Property Appraiser) of an Anchor Easement. Chief of Property Appraiser's Office still cannot locate said document and all pictures of property on their website from Google Doc going back to 1997 do not show any anchors on our property. The document Duke presented to us states the anchors should be on the Northern Border of property. The anchors are setting smack in the middle of our front yard which means they are on the west side of our front fence. Duke insists now there is a Perscriptive Easement in place (these anchors by pictures alone have not been there 20 years). Now 2 cable companies have sunk 2 anchors in our front yard right next to Dukes. Duke wants to charge us thousands to move Duke anchors.What to do?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Real Estate Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It is not clear that you or your predecessors in title were aware of the anchors. If not, you need to file a lawsuit to have them removed and perhaps for a declaratory judgment that they have no prescriptive easement. The statute of limitations is probably seven years, not twenty. See Florida Statute 95.18.

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