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Just a general information question. Having been looking in Cape Coral for over 18 months now, still not finding what I want - Yes I know about all the price increases, lack of availability, traffic, weather, floods, frogs, pythons, gators, algae, North X utility expansions/assessments and FEMA 2.0 - and yes I am VERY picky.
So it might come down to buying a lot and building - eventually.
But after walking through dozens of homes in reality and hundreds of homes virtually I find it amazing how often people use the 'empty' lot next door as their own for parking, dog walking, gardening, fencing, etc. (And yes, I checked the county assessors site and its not theirs.) And whenever I ask during a walkthru, the most common answer is, 'don't know the owner, think the city owns it...'.
Here in Colorado we have an adverse possession law for real estate. Lots of legal hoo hah to qualify, but essentially if you have land that is not yours and you use it and maintain it for the required period of time you can file to OWN IT. Florida has a similar law which appears to be less restrictive than Colorado.
So is it really that common for people to use the 'empty' lot next door as theirs? How does that impact buying a lot for an investment or future build? Liability concerns? (Especially when it comes to code enforcement.) Or just general liability? Oh and yes, I am also OCD when it comes to Real Estate as well.
Just a general information question. Having been looking in Cape Coral for over 18 months now, still not finding what I want - Yes I know about all the price increases, lack of availability, traffic, weather, floods, frogs, pythons, gators, algae, North X utility expansions/assessments and FEMA 2.0 - and yes I am VERY picky.
So it might come down to buying a lot and building - eventually.
But after walking through dozens of homes in reality and hundreds of homes virtually I find it amazing how often people use the 'empty' lot next door as their own for parking, dog walking, gardening, fencing, etc. (And yes, I checked the county assessors site and its not theirs.) And whenever I ask during a walkthru, the most common answer is, 'don't know the owner, think the city owns it...'.
Here in Colorado we have an adverse possession law for real estate. Lots of legal hoo hah to qualify, but essentially if you have land that is not yours and you use it and maintain it for the required period of time you can file to OWN IT. Florida has a similar law which appears to be less restrictive than Colorado.
So is it really that common for people to use the 'empty' lot next door as theirs? How does that impact buying a lot for an investment or future build? Liability concerns? (Especially when it comes to code enforcement.) Or just general liability? Oh and yes, I am also OCD when it comes to Real Estate as well.
I think you’re over thinking this…. If you’re out of state owner for a vacant lot pay someone $50 bucks off Craigslist or some property manager to go by periodically to check on the lot and if it’s being used by the neighbors just report it to the county that someone is trespassing. I’m sure the county wants to work with you not against you so just communicate with them about any trespassing problems.
As far as adverse possession your title insurance will protect you from any claim the property is not yours. I’m sure there is some grey area to that but even if a neighbor has been parking their car on the vacant lot for over 7 years it doesn’t just make it their lot. Ask the title company or a lawyer about that though. But I really think you’re over thinking this. A simple no trespassing sign on your vacant lot would probably do the trick to stop any neighbors from using it.
I think you’re over thinking this…. If you’re out of state owner for a vacant lot pay someone $50 bucks off Craigslist or some property manager to go by periodically to check on the lot and if it’s being used by the neighbors just report it to the county that someone is trespassing. I’m sure the county wants to work with you not against you so just communicate with them about any trespassing problems.
As far as adverse possession your title insurance will protect you from any claim the property is not yours. I’m sure there is some grey area to that but even if a neighbor has been parking their car on the vacant lot for over 7 years it doesn’t just make it their lot. Ask the title company or a lawyer about that though. But I really think you’re over thinking this. A simple no trespassing sign on your vacant lot would probably do the trick to stop any neighbors from using it.
For me useage is not that big as issue as long as someone asks - nicely and doesn't expect or assume.
And I might be overthinking it, but liability is, I think, a valid concern. Which, unfortunately, requires the word 'no' when someone asks. Which also means back to the 'wink and nod' system.
I'd hate to sign the contract only to find that 3 owls, 2 tortoises and a unicorn have moved onto the property...
As far as adverse possession your title insurance will protect you from any claim the property is not yours. I’m sure there is some grey area to that but even if a neighbor has been parking their car on the vacant lot for over 7 years it doesn’t just make it their lot. Ask the title company or a lawyer about that though. But I really think you’re over thinking this. A simple no trespassing sign on your vacant lot would probably do the trick to stop any neighbors from using it.
Title insurance is the only insurance that protects from events of the PAST not the future. So this statement would be inaccurate.
If they use your property for X number of years uninterrupted they can claim possession - basically 'squatters rights'. Do you plan to buy a lot in Cape Coral and abandon it for 7 years? This is more common in the country areas..or when a neighbor has been using something on your lot for decades and then a survey is done and come to find out, that wasn't their land to use! Well they've been using it so too bad so sad, its theirs now.
Leaving trash or parking doesn't qualify. Building a well and using the water for your property for many years does count, and now that well on your property is theirs.
Those are just little examples. The foreclosure crisis had people 'squatting' in homes - turning on the power, getting mail delivered, etc. So then an owner couldn't just 'kick' them out, it had to go through courts. They weren't given the house though, because it wasn't the required number of years (I believe its 7 straight years).
We had a family member lose a part of his big lot in the panhandle because the neighbor had put up a fence and a well on his property. The family member never went to check the land and one day he decided to after a few years. He had to spend $ going to court in the panhandle and ultimately had to split the piece with them since they used that Well for many years.
No problem really. Post signs of no trespassing, private property.
If you're aware of somebody leaving crap on your property, have it removed...problem solved.
I know one owner posted signs and even put 2 cheap hunting cameras accessed by his smart phone, just to keep an eye on the property. That's probably overkill ...but.
Next suggestion is to ask the neighbor to keep an eye on the property and pay him a small fee for doing so.
Title insurance is the only insurance that protects from events of the PAST not the future. So this statement would be inaccurate.
.
I never said it protected him for the future. I said he could put a no trespassing sign up and communicate with the county about any issues with neighbors moving forward. The title policy would provide him peace of mind about the past minus any exceptions listed on said policy. It was not an incorrect statement, you just misunderstood what I was trying to say. If you read what I wrote again, perhaps a little slower, you’ll see I mentioned title insurance and then immediately referenced a PAST possible scenario.
Last edited by JPrzybylski07; 12-15-2021 at 11:07 AM..
I never said it protected him for the future. I said he could put a no trespassing sign up and communicate with the county about any issues with neighbors moving forward. The title policy would provide him peace of mind about the past minus any exceptions listed on said policy. It was not an incorrect statement, you just misunderstood what I was trying to say. If you read what I wrote again, perhaps a little slower, you’ll see I mentioned title insurance and then immediately referenced a PAST possible scenario.
You're still incorrect, title insurance will not protect him. Research what title insurance does, perhaps a little longer this time, and you'll see that. If he's been letting someone park on his lot for years, what will title insurance do for him? This isn't some past 'heir to the property' who's come forward years later. This is someone who will be filling a claim in court to take over possession of the property.
You're still incorrect, title insurance will not protect him. Research what title insurance does, perhaps a little longer this time, and you'll see that. If he's been letting someone park on his lot for years, what will title insurance do for him? This isn't some past 'heir to the property' who's come forward years later. This is someone who will be filling a claim in court to take over possession of the property.
If someone has been parking their car for 7 years on it and wants to take him to court to try and prove adverse possession then that’s their American right but good luck. OP just ask a lawyer about the legality if you can even find one that deals with this scenario if you’re that worried.
I should have said it this way initially, if I was purchasing a vacant lot as long as I had a survey done showing no fixated encroachments such as a fence or shed, and a title policy I looked over carefully including the typical policy exceptions (like public utilities or county easements in the record books) I wouldn’t have any worry or concern about anything else period. I don’t care if the neighbor said they were parking their car on my new lot for the past 100 years prior, good luck proving that. I’d put up a no trespassing sign and would have eyes on the ground periodically to monitor the property and report any issues to the county. Not a big deal or worth loosing sleep over.
If you really want to get in the weeds about wether title insurance protects from adverse possession well that is a massive amount of grey area to get into, and a billion different scenarios that could happen, wayyyyy above my knowledge and probably above most title agents in the general market place too. Thank god for lawyers right. Make your case and hit those statues!
Last edited by JPrzybylski07; 12-15-2021 at 05:00 PM..
You must not know much about CC…If someone started to use your lot, the neighbors would call code enforcement so fast it would cause a dust twister. The only employ lots ‘in use’, are those owned by the house next door.
If you’re that worried, make a couple trips a year to check it out or pay someone to do it for you.
You must not know much about CC…If someone started to use your lot, the neighbors would call code enforcement so fast it would cause a dust twister. The only employ lots ‘in use’, are those owned by the house next door.
If you’re that worried, make a couple trips a year to check it out or pay someone to do it for you.
Actually I just walked through a house in early November in which the owners "used" the lot next door. In fact both properties on each side of the empty lot was used without permission. One side to park a large boat and additional trailer, the other for a fenced dog run. The people with the fenced dog run even mowed their 'half' of the property! And the answer I got from the people was 'don't know who owns it...we think the city does'. But assessor records show the property taxes have been paid regularly and on time.
I've noticed this a lot in the aerial drone shots that typically accompany property listings. Invariably, there is a boat, trailer, car, truck or all the above on a blank lot next door to the house of interest. This is most common in the NW and N of the Cape. Blank properties are few and far between in the E and S.
I have reviewed the Code Enforcement listings in the Cape Coral website. They do make fascinating reading, as does the various CE videos on Youtube. But the one I find most interesting on Youtube is the one complaining about not being able to trespass blank lots to fish anymore...a clear violation of the Constitution apparently...
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Useage is Not as big an issue as liability...
