Resolving Neighbor Disputes: Can the City Survey Property Boundaries for You?

In the United States, property boundaries are identified through metal pins placed at every corner of a property, including any angle or change of direction within the property line. Using special equipment, surveyors (the professionals who define where borders are within a property) find these metal pins to confirm where one property ends and the other begins. While establishing these property boundaries, however, what happens when one surveyor claims the property border is at point X, while another asserts it’s at point Y?

Solutions for Surveyor Disagreements

The solution for establishing property boundaries isn’t straightforward, but involving your city might be a potential avenue. Florida’s First District Court of Appeal has held in the past that “[a] corner should not be regarded as lost until all means of fixing its original location have been exhausted.” Summers v. McOwen, 478 So. 2d 397, 399 (Fla. 1st DCA 1985). Thus, “[i]n attempting to locate an unknown corner, . . . it is necessary to fix its location as closely as possible to that established in the original government survey.” Gilman Paper Co. v. Newman, 398 So. 2d 887, 888 (Fla. 1st DCA 1981).

Conducting a Resurvey

The proper procedure to locate an unknown corner is to conduct a “resurvey.” See Willis v. Campbell, 500 So. 2d 300, 302-03 (Fla. 1st DCA 1986) (“The object of a resurvey is to furnish proof of the location of the lost lines or monuments.”); Dept. of Transp. v. Borsje, 566 So. 2d 912, 914 (Fla. 2d DCA 1990) (directing trial court to order resurvey to establish boundary line). Moreover, “correction of the original governmental survey must be made, if at all, by a resurvey commissioned by the same authority as was the original survey.” Dept. of Nat. Res. v. Bronsons, Inc., 469 So. 2d 214, 215 (Fla. 5th DCA 1985).

As you can see, instead of engaging in a legal dispute solely with your neighbor, overseen by a civil judge not well-versed in border demarcation, there’s precedent suggesting the involvement of the city or government in resolving disputes involving property boundaries.

Get Expert Guidance on Property Boundaries

For more information on civil trials, real estate disputes, or property boundaries, contact one of our experienced civil trial attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com. 

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.