Bought and was given clear title to a property in the Fla. Keys in 1992. Now I found out has an encroachment on the property next to it, by 51/2 ft.. This was never mentioned to me by the realtor, title company or surveyor. The property came with a utility building housing a fridge/washer/dryer/storage, a dock and a fence placed by the neighbors, not me . After 21 yrs of keeping, using and improving it, I never was asked to correct the encroachment. Now they are selling and the new buyers want to move the fence 51/2 ft, that will force me lose the dock and the utility building. The people I bought the property from also had used the 51/2 ft. for over 10 yrs. And never was asked to correct the encroachment. Who is responsible for this mistake and the aggravation and expense in correcting it after more than 30 years between the previous owner and I?

When you purchased the property, did you purchase title insurance? If so the title company should help because they should have noticed the discrepancy in the boundaries.

Also the correct legal term here is adverse possession (not squatters rights). Here's the law:
Statutes & Constitution :View Statutes : Online Sunshine

Also Adverse Possession has been a recent issue in Fl has there are proposals (unclear if they have passed) to tighten it up. http://www.jacobtcremer.com/2013/03/...-tough-in.html

But I think you may have a good case under the law. A problem may depend on whether the sale has gone through yet or not. It also sounds to be like both property owners used the dock. If that is the case, you may be able to force an easement to be added to the deed, that continues to allow you and future owners use of the dock, and preventing the new fence.

But if the Title company won't provide an attorney to represent you, I suggest you get one of your own, fast.

Squatter's rights don't exist anymore.
You are referring to adverse possession, which you would sue for, or counterclaim for if a suit is brought against you. It isn't clear yet that you are entitled to it.

Please explain why a neighbor would install a dock and shed on what they assumed was your land? Or am I reading this wrong?
Also, is ocean front involved, and does 5 1/2' give each of you the minimum frontage required by zoning?
Have you asked the surveyor about this? Have you measured the width of your property yourself, and does the far end indicate a discrepancy?

Quote:

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Originally Posted by ScottGem

... in Fl has there are proposals (unclear if they have passed) to tighten it up. The Florida Land Environment: Think Adverse Possession is Tough in Florida Now? Take a Look at These Bills!
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Looks like HB 903 was adopted. House Bill 0903 (2013) - The Florida Senate

As I read it, the adopted version no longer requires the record owner's "consent" to adversely possess without "color of title".

And to add, this can get complicated and you really just need to hire an attorney who is experienced at real estate law.