When a simple line on paper turns into a real problem Most boundary disputes start the same way: someone orders a survey for a sale, a refinance, a fence, or a new project, and the lines come back different than expected. Suddenly the shed you thought was “on your side” is not. The driveway you have used for years may cross the property line. A fence that has been there since you moved in might be several feet off. It is frustrating, it can feel personal, and it often comes with a ticking clock if a closing or construction project is already underway. At Floyd, Sammons & Spanjers, P.A., we help property owners across Winter Haven and Polk County respond quickly and calmly when a survey creates an ownership question. Whether the right solution is a neighbor-to-neighbor agreement, a corrected deed, or a court action to clear title, the goal is the same: resolve the issue in a way that protects your property rights and lets you move forward. What is a “boundary dispute” in plain English? A boundary dispute is a disagreement about where one piece of property ends and the other begins. It can involve the legal description in a deed, the location of monuments or markers on the ground, old plats, easements, or long-standing use of an area that does not match what a new survey shows. In many cases, the dispute is not about anyone trying to take land. It is about mismatched records, changed landmarks, older subdivisions, or assumptions that were never verified. Florida has specific rules and legal remedies for these issues, but the right approach depends on the facts, the documents, and how the property has been used over time. Why this matters more than people expect A boundary issue is not just a neighbor problem. It can impact your finances, your ability to sell, and your peace of mind. Financial consequences You may not be able to close a sale until the issue is resolved. A title company may refuse to insure the property without a fix. Construction can be delayed, or you may have to move improvements. The longer a dispute drags on, the more it can cost in surveys, engineering, and legal work. Legal consequences A neighbor could claim you are trespassing or encroaching. You could be accused of interfering with an easement or access route. A dispute can create a “cloud on title” that follows the property. In rare situations, long-term use can lead to claims that change ownership rights. Personal consequences Boundary fights strain relationships and can make your home feel less like home. Stress is amplified when the issue comes up during a life event like a move, an estate matter, or a divorce. People often feel blindsided, especially if the property has been “fine” for years. The good news is that many boundary disputes can be resolved without a courtroom when addressed early, with good documents, and with the right strategy. Why surveys “change everything” A survey does not create new property lines. It measures and maps what the documents and evidence support. The reason it feels like a major change is because it often exposes one of these common realities: Old records do not match modern measurements Older legal descriptions, especially in platted neighborhoods and rural tracts, can be less precise than modern survey standards. The new survey may highlight discrepancies that were always there but never tested. Markers and monuments moved or disappeared Property corners are often tied to physical markers. Over time, markers can be buried, removed, or disturbed. Surveyors may rely on other evidence when original monuments are gone. Prior owners made “handshake” arrangements Neighbors sometimes agree informally to use a strip of land, share a driveway, or place a fence where it is convenient. Those agreements may not be recorded, which can create problems later. Improvements were built close to the line Fences, sheds, pool decks, docks, and driveways often end up near a boundary. A small measuring difference can become a big issue when a structure is involved. Step-by-step: What to do when a survey raises a boundary issue Step 1: Pause before confronting anyone It is natural to feel upset, especially if the survey suggests you are losing usable yard space or that a neighbor’s improvement crosses onto your property. Still, heated conversations can make the situation harder to resolve. Start with facts, not assumptions, and treat it like a documentation problem until you know otherwise. Step 2: Get the right documents together Before you can evaluate options, you need the paperwork. Useful items include: Your deed and legal description Any prior surveys, even if they are old The subdivision plat (if applicable) Title commitment or title policy, if you have one Closing documents from your purchase HOA or neighborhood documents if they relate to property boundaries or easements Photos showing long-term conditions, such as where a fence has been for years If you are in a Chain of Lakes neighborhood or a property near waterfront features, also gather any documents tied to shoreline, dock permitting, or known easements, since those can overlap with boundary issues. Step 3: Understand what the survey actually says Not all surveys are the same. A survey may show: The boundary lines as the surveyor believes they exist Encroachments, such as a fence or structure crossing the line Easements, such as utility or access easements Setback lines, which are not boundaries but affect construction Notes about uncertainty, missing monuments, or conflicting record data Ask your surveyor to explain the basis for the boundary call. In many cases, the “why” matters as much as the drawing. Step 4: Identify whether it is a boundary issue or an easement issue Some disputes look like boundary problems but are actually access or easement disputes. For example: A neighbor’s driveway crosses your property, but it may be supported by an easement. A utility corridor limits where you can build, but you still own the land. A shared lake access path might be governed by recorded documents. Sorting this out early can prevent the wrong kind of negotiation. Step 5: Document what exists on the ground If the survey shows an encroachment, document it. Take clear photos and note: Distance from structures to the line, if marked Fence lines, landscaping borders, hedges, and walls Driveways, paths, and gates Any corner markers the surveyor set If a dispute escalates, this “time stamp” can be useful, especially if the condition changes later. Step 6: Consider a neighbor-friendly solution first Many boundary issues can be resolved through practical agreements, especially when both sides want to avoid conflict and expense. Options can include: Agreeing to move a fence or improvement Signing a boundary line agreement Granting a small easement for continued use Negotiating a purchase of a narrow strip of land Executing corrective deeds when the issue is a record error These solutions often require careful drafting and recording. A friendly handshake is rarely enough when title and future sales are involved. Step 7: When necessary, pursue a legal remedy to clear title If the dispute cannot be resolved through agreement, legal options may include: A quiet title action to establish ownership and remove conflicting claims Boundary line litigation when evidence conflicts Actions related to easements or access rights Claims involving long-term use when one side asserts rights based on history The right step depends on what the documents show and what the neighbors are willing to do. Common boundary dispute scenarios we see in Polk County Boundary problems tend to be very local. Polk County has older neighborhoods, newer developments, lakefront property, agricultural tracts, and mixed-use areas that create different kinds of complications. Here are examples that commonly come up: Fence lines that do not match deeds A fence might have been placed for convenience or installed by a prior owner. Years later, a survey shows it is off by a few feet, which can matter a lot if it blocks access, affects a pool setback, or impacts a pending sale. Driveways and shared access near older lots In established areas of Winter Haven and Lakeland, it is not unusual to find a driveway that crosses a boundary slightly, or a shared access route that was never properly recorded. These issues often surface when one owner tries to sell or make improvements. Waterfront features and dock access In Chain of Lakes areas, property owners sometimes assume shoreline boundaries or access points are obvious. A survey can reveal irregular lot shapes, easements, or boundary angles that make a dock location, seawall, or access path more complicated than expected. Encroachments discovered during a closing Sometimes a buyer’s lender requires a new survey right before closing. If an encroachment appears, the sale can stall unless the issue is addressed quickly with a title company and the parties involved. Rural tracts and “invisible” lines On land outside city neighborhoods, boundaries may not be obvious on the ground. Old fences can be poor indicators, and corner markers may be missing. A modern survey can feel shocking when it does not match long-held assumptions. Problems people run into when trying to handle this alone Boundary issues look simple at first. Then the complications show up. “My neighbor says it has always been this way” Longstanding use can be relevant, but it is rarely the full answer. History must be weighed against recorded documents, and certain claims require very specific proof. “The surveyor must be wrong” It is possible for surveys to conflict. Different surveyors can reach different conclusions based on evidence, monumentation, and interpretations. The practical step is understanding why the survey says what it says and whether additional evidence supports or undermines it. “The title company will fix it” Title companies can help, but they often require a recorded resolution. If the issue is not resolved, they may not insure over it, which affects selling and refinancing. “We will just sign something” A written agreement can be helpful, but it needs to be drafted properly, signed correctly, and recorded in a way that binds future owners. Otherwise, the problem can return at the next sale. “I do not want to start a war with my neighbor” That is a reasonable concern. The best resolutions often start with calm communication and good legal structure. Legal support does not have to mean aggressive conflict. It can mean a clear plan that keeps everyone focused on a workable outcome. How Floyd, Sammons & Spanjers, P.A. can help Boundary disputes are where real estate knowledge and dispute-resolution skills overlap. Our team helps clients evaluate the survey, understand what the deed and records actually say, and choose the most efficient path forward. Depending on the situation, Floyd, Sammons & Spanjers, P.A. may assist with: Reviewing surveys, deeds, plats, and title documentation Coordinating with surveyors and title professionals to clarify discrepancies Communicating with the neighboring owner or their counsel in a productive way Drafting and recording boundary line agreements, easements, or corrective deeds Advising on options when a closing is pending and time matters Pursuing litigation when the dispute cannot be resolved through agreement, including actions aimed at clearing title Support is critical because boundary disputes often have deadlines, especially when tied to a sale, financing, or construction. The wrong step, or an overly casual agreement, can create future problems that cost more to fix later. With the right plan, many disputes are resolved with less stress and less delay. Call to action: “Do Not Let a Survey Put Your Plans on Hold” If a new survey changed what you thought you owned, you are not alone, and you do not have to guess your way through it. The sooner you get clarity, the more options you usually have, including solutions that avoid court. Contact Floyd, Sammons & Spanjers, P.A. to discuss your boundary issue and get a practical path forward. Whether your property is in Winter Haven, Lakeland, Bartow, Haines City, Lake Wales, or elsewhere in Polk County, our team can help you understand what the survey means and what it will take to protect your rights. A boundary dispute does not have to become a lasting conflict. With calm guidance, clear documents, and a settlement-focused approach, most property line problems can be resolved in a way that lets you move forward with confidence.
Selling a home is a big milestone, and in Florida it comes with one responsibility that can make or break the deal: disclosures. The right disclosures help protect you from disputes after closing, reduce last-minute renegotiations, and keep your sale on track. Floyd, Sammons & Spanjers, P.A. helps Florida sellers understand what they need to share, how to share it, and how to keep the contract and closing process clean and predictable. What “Seller Disclosures” Mean in Florida A seller disclosure is information a homeowner provides to a buyer about the condition of the property and known issues that could affect value or desirability. Think of it as the “what we know about this home” portion of the transaction. Florida is a little different than some states because there is not one universal, statewide disclosure form required for every sale. Instead, Florida law generally requires sellers to disclose known facts that materially affect the value of the property and that are not readily observable by the buyer. In plain language, if you know something important about the property that a buyer cannot easily discover just by looking, you likely need to disclose it. Disclosures often show up in a few places: A separate seller disclosure form, often used in residential sales Specific contract provisions or addenda Written communications during the transaction, such as emails, repair requests, credits, and amendments The goal is not to overwhelm the buyer with every minor annoyance. The goal is to avoid surprises that lead to claims later. Why Disclosures Matter So Much to Sellers Disclosures are not just paperwork. They can affect your sale in real, expensive ways. Financial consequences can include repair demands, price reductions, or claims for damages if a buyer believes a significant issue was hidden. Legal consequences can include allegations of misrepresentation if a buyer believes the seller knowingly concealed a major defect. Personal consequences are often overlooked, but they matter. A dispute can follow you after closing when you are trying to move on, relocate, or settle into your next chapter. Disclosures also affect the deal itself. Many closings fall apart or get delayed because something surfaces late, like a roof leak history, an open permit, or water intrusion that was never addressed. Strong disclosures help you avoid the closing-week scramble. What Needs to Be Disclosed: A Practical Florida Standard A helpful way to think about disclosures in Florida is this question: Is it a known issue that would matter to a reasonable buyer and is not obvious from a walk-through? If yes, it usually belongs in the disclosure conversation. Water intrusion and moisture history are a leading source of post-closing disputes. If you have had roof leaks, plumbing leaks, flooding, or recurring moisture issues, it is wise to disclose the history and what was done to address it. Buyers often proceed when the repairs were done properly, but surprises in this area can create conflict fast. Roof condition and past repairs are also common flashpoints. If the roof has leaked, was patched repeatedly, or is nearing the end of its expected life, disclose it. If the roof was replaced, share when and whether permits were pulled. Invoices, warranties, and receipts can make this much easier. Major systems matter too. Known issues with plumbing, electrical, or HVAC should be disclosed, especially if they affect safety or basic function. Examples include frequent drain backups, repeated electrical problems, or an AC system that cannot keep up during peak summer heat. Foundation and structural concerns should be handled carefully. Some cracks are cosmetic, but known settlement, structural repairs, engineer reports, or ongoing concerns should be disclosed clearly. If the home has had stabilization work, share what was done and when. Termite treatment and wood-destroying organism history often comes up in Florida transactions. If you have had treatment, repairs, or an active bond, be prepared to disclose that history, along with any documents you have. Permits, additions, and unpermitted work can create major delays with lending, insurance, or resale. If a room was added, a garage was converted, or major renovation was done without permits, it can become an issue late in the process. If you know about unpermitted work, it is usually best to talk to an attorney early about the cleanest way to handle it. HOA and condo restrictions can also be deal-changing. Buyers need accurate information about fees, rental restrictions, approval processes, and special assessments. Disputes often come from misunderstandings about leasing rules, parking rules, or upcoming assessments. Property lines, easements, and encroachments deserve attention, especially in older neighborhoods and near lakes. Fence placement, driveway access, shared docks, and utility easements can affect how a buyer uses the property. If you know of a boundary issue or ongoing disagreement, disclose it and address it early. Insurance claims and storm-related repairs are highly relevant in Florida. If there has been major damage and repair, it is usually better for everyone when that history is disclosed clearly and backed up with documentation when available. Step-by-Step: How to Handle Disclosures the Right Way Disclosures do not have to be intimidating. A calm, organized approach tends to produce the best result. Start by gathering your property paper trail. Before listing or right after going under contract, collect repair invoices, contractor receipts, warranties, service records, HOA documents, and any permit-related paperwork for major work. You do not need perfect records, but organization helps prevent last-minute chaos. Next, write down known issues, even if repaired. Many sellers worry that disclosures will scare buyers away. In reality, many buyers are comfortable with repaired issues when the history is explained and documented. A repaired leak with invoices is often less concerning than a surprise stain discovered after closing. Use clear, plain language. Avoid vague statements like “roof fixed.” A better approach is to describe what happened, when it happened, what was done, and whether the issue has recurred. Clear disclosure prevents misunderstandings and reduces the chance a buyer later claims they were misled. Keep disclosures consistent with the contract and inspection process. If an inspection reveals an issue and you agree to repair it or offer a credit, put it in writing through a formal addendum. If the buyer waives something, document that too. The paperwork should tell one consistent story. Avoid the temptation to “fix and hide.” Cosmetic cover-ups are a major red flag in disputes. If you repair something, repair it properly and keep documentation when you can. Most importantly, involve an attorney early when an issue could affect title, permits, or property boundaries. Some issues can be cured before closing. Others need to be disclosed and negotiated. A few require a more formal legal solution, and timing matters. Common Florida Disclosure Scenarios One common scenario is the roof leak that “only happened once.” A seller remembers a leak during a storm years ago and assumes it is irrelevant because the ceiling looks fine today. The buyer later finds moisture during inspection or after closing. A simple written disclosure and proof of repair can prevent accusations of concealment. Another common scenario is a garage conversion without permits. A seller converts a garage into living space and never pulls permits. The buyer’s lender or insurer asks for permit history, and the deal stalls. Addressing this early gives you options and avoids a closing-day problem. HOA restrictions are another frequent source of conflict. A buyer plans to rent the home seasonally or park a work vehicle and then learns the HOA prohibits it. Accurate HOA disclosure and prompt document delivery can prevent surprise cancellations. Boundary and survey issues show up regularly in older neighborhoods. A fence has been in place for years, but a new survey shows it crosses the line. Buyers worry about future disputes, and sellers sometimes feel blindsided. Proactive disclosure and negotiation can often keep the deal moving. Water intrusion after a hurricane season is also common. A seller had water intrusion that was repaired properly, but the buyer wants it documented. Clear records and a well-drafted addendum are key. Problems Sellers Run Into With Disclosures A very common concern is, “I do not want to scare off buyers.” The best buyers typically do not walk away from honest disclosure. They walk away from uncertainty or surprises. Another issue is not knowing what counts as material. Material is not always obvious. If you are uncertain, it is worth discussing with an attorney, especially for recurring issues, past damage, permit questions, or anything that could affect value. Sellers also assume a disclosure form is enough. A form helps, but the best protection comes from accurate, consistent written disclosure and well-documented repair and negotiation steps. Your attorney can help with the legal side of the transaction and reduce risk. Finally, timing causes problems. Many deals get stressful because documents are gathered late and issues are discovered late. Starting early makes the entire process calmer. How Floyd, Sammons & Spanjers Helps Florida Home Sellers A well-run sale is rarely an accident. It is the result of clear contracts, clean documentation, and steady coordination between the parties. Floyd, Sammons & Spanjers, P.A. helps sellers by reviewing and strengthening contracts, guiding disclosure decisions, coordinating with title professionals to identify issues early, preparing and reviewing deeds and closing documents, and documenting negotiated repairs, credits, and amendments properly. When permit, boundary, or title concerns appear, the firm helps you address them before they become closing-day emergencies. Support matters because a home sale involves real money and real consequences. When disclosures are handled correctly, sellers feel more confident, buyers feel informed, and the closing is far more likely to stay on schedule. Before You List, Let’s Make It Clean If you are selling a home in Florida and want the process to feel clear, organized, and predictable, we are ready to help. Whether you are in Winter Haven, Lakeland, Bartow, Haines City, or Lake Wales, our team can review your situation, identify risk areas, and help you move toward closing with fewer surprises. Contact Floyd, Sammons & Spanjers, P.A. to schedule a consultation and get straightforward guidance from contract to closing. Closing should feel like a finish line, not a fight. With the right disclosures and the right legal support, you can sell with confidence and move forward knowing the transaction was handled the right way.