Q: I found out my neighbor's mobile home is partially in my property. What settlement options can I offer my neighbor?

A: Under Florida law, the encroachment of your neighbor's mobile home, well, and driveway on your property raises several legal concerns, particularly as it relates to your ability to sell the property. A potential buyer's survey during the due diligence period will almost certainly reveal these encroachments, which could complicate or prevent the sale. Since you did not purchase title insurance, addressing this issue now is crucial to avoid future disputes.

Here are a few potential options you can offer your neighbor:

Easement Agreement: You can offer to grant your neighbor an easement, which would allow them to continue using the portion of your property their mobile home, well, and driveway occupy. This agreement would be recorded with the county, so any future buyer would be aware of the encroachment. You could negotiate a one-time payment or recurring compensation for the easement, depending on the extent of the encroachment and how it impacts the value of your property.

Boundary Line Agreement: If the encroachment is relatively small, you may negotiate a boundary line agreement, which adjusts the property lines to give your neighbor legal ownership of the land where their improvements are located. In exchange, your neighbor could compensate you for the land, based on its market value. This would require new surveys and property descriptions, as well as recording the new boundary.

Require Removal: If you want to fully restore your property rights, you could demand that your neighbor remove the encroachments. Florida law recognizes claims for trespass, injunctive relief, and quiet title to resolve disputes like this. If you file a lawsuit, the court may order the neighbor to remove their mobile home and other structures. However, this approach can be costly and time-consuming, and it might be more efficient to settle out of court.

Each of these options should take into consideration the impact on your property value and your ability to sell. If the encroachment is not resolved, it may deter buyers or reduce the property's marketability. Resolving this issue before going to market will help ensure a smoother sale process and protect you from liability down the road.

Consult with a real estate attorney to explore the best course of action, as it may also involve updating public records and agreements to reflect any changes to your property rights.