What is the time limit on someone who fenced in an FPL easement of association's property? When does that property become the person's land (subject to FPL access)?
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What is the time limit on someone who fenced in an FPL easement of association's property? When does that property become the person's land (subject to FPL access)?
This is called "adverse possession" and depends on the State you are in. Generally it's about 10 years.
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Originally Posted by FamilyANDyFun Realtors
What State? I'm guessing FPL is a Florida utility company -
It's complicated and it's adverse possession. In some States it's an almost impossible situation because the property has to be totally abandoned, the easement has primary control and there are other conditions.
For example, if you have, say, a sewer pump station or something similar by easement on your property and it's within your fence and you maintain the area and use it and whoever got the easement is never around it's still not yours because the person who obtained the easement has not abandoned it.
Many fences end up being over the property line, on someone else's property by a few inches, but that does not give the other person ownership of that property.
Yes, normally it has to be a period of 10 to 15 years and meet a lot of other legal requirements. And in every case it is not automatic but they will have to petition the court for ownership and the judgge would have to permit it.
I am awaiting an answer on this also. I think that I'm in the same development as the originator of this question. I've been taking care of the property that belongs to our association for about 15 years. Now there is talk of fencing it off from me. It is a utility easement but the power wires are far from my property.
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Originally Posted by Porpolo
You would have to meet a lot of conditions - what does Florida law say about easements?
In my area, for example, my fence is 18" on my property (that's the legal set back from the property line). My neighbor mows his side of the fence ("my" 18 inches of land) and always has. He has a garden in one area.
It's still my property, it's just on his side of the fence. He has no legal right to fence me out or claim that land as his.
There are sewer easements and power easements and water easements all over the place but that land does not transfer to the property owner after some certain period - now I am speaking, of course, of NYS.
As noted, adverse possession is not cut and dried. There are a number of factors. But usually a public utility easement is not subject to adverse possession.
Let me relate a story. My mother used to work for a Real Estate broker. One of the salesman told her about what he did here. This happened in Brooklyn NY. There are several places in Brooklyn where there are row houses, each fronting on parallel streets. Between a lot of them is an alley that was originally used for garbage collection. Over the years collection moved to the street and many property owners extended their fences into the alley. But the city owned the land and they decided to auction it off for revenue. So this guy bought up several parcels of land that were 10' wide and 1000' or more long. He generally paid a few hundred dollars for each parcel. He then sent a letter under his lawyer's letterhead, to each homeowner telling them to either move their fence or pay him (usually $100) for the deed to what was generally a 5'x100' strip of land. Almost all paid, the few that fought it, lost in court.
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