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.
A hard job, often started at a hard time Being named an executor can feel like an honor and a burden at the same time. You are stepping in to handle legal and financial responsibilities while your family is still grieving, and the pressure to “do everything right” can be intense. At Floyd, Sammons & Spanjers, P.A., we help executors and families across Polk County understand what comes next, meet court requirements, and move an estate toward a clean, timely closing with fewer surprises. What an “executor” is in Florida (and what Florida calls it) In Florida, the person commonly called an “executor” is usually referred to as the personal representative . This is the individual appointed by the probate court to manage the estate of someone who has died, which includes collecting assets, paying valid debts and expenses, and distributing what remains to the rightful beneficiaries or heirs. If there is a will, the will often names the person the deceased wanted to serve in this role. Even so, you typically do not have full legal authority until the probate court officially appoints you and issues documents that prove it, often called Letters of Administration . If there is no will, a family member may petition to serve as personal representative, and Florida law provides a priority order for who may be appointed. Either way, the court-supervised process of settling the estate is called probate . Why executor responsibilities matter more than most people expect Executor duties are not just about “handling paperwork.” You have legal obligations, deadlines, and a responsibility to act in the best interest of the estate and the people who inherit from it. When things go sideways, the consequences can be very real. Financial consequences can include paying the wrong bills, paying bills in the wrong order, missing deadlines that affect creditors, or distributing assets too early and then finding out there are unpaid debts. Personal consequences often show up as family tension, especially when beneficiaries disagree on timelines, personal property, or money. Legal consequences can include court complications, beneficiary disputes, and in some situations personal liability if an executor acts improperly or fails to meet obligations. Most executors are not trying to do anything wrong. They simply do not realize how structured the process can be in Florida, and they do not want to make a mistake that harms the estate. Getting good guidance early can reduce stress, avoid delays, and protect you in your role. The executor’s job in plain English In the simplest terms, your job is to: Get legal authority from the court (or confirm if probate is even needed) Identify and protect estate assets Notify the right people and institutions Pay valid debts and expenses properly Distribute remaining assets to the correct beneficiaries Close the estate with the court Those steps sound straightforward, but each includes details that can trip people up. The sections below walk through what this usually looks like in Florida. Step-by-step: Key executor responsibilities in Florida Step 1: Locate the will and key documents Start by gathering what you can, including: The original will (if one exists) Any trust documents (if applicable) Death certificates (you will likely need multiple certified copies) A list of known bank accounts, insurance policies, retirement accounts, and real estate Recent bills and mail, which often reveals accounts, debts, subscriptions, and property information If you cannot find the will, do not panic. Many families keep it in a safe, safe deposit box, filing cabinet, or with the attorney who drafted it. A quick search and a few phone calls often solve the mystery. Step 2: Determine whether probate is required Not every estate needs formal probate. A lot depends on how assets were titled and whether they have beneficiary designations. Assets that often pass outside probate include: Life insurance with a named beneficiary Retirement accounts with designated beneficiaries Joint bank accounts with rights of survivorship Property held in a trust Certain accounts set up as payable-on-death or transfer-on-death Assets that commonly require probate include: Real estate titled solely in the deceased person’s name Bank accounts without co-owners or beneficiaries Vehicles titled solely in the deceased person’s name (sometimes) Business interests Any assets where title is unclear or contested Florida also has different probate tracks, including more formal procedures and simplified options for qualifying estates. The best next step is typically a quick legal review of what assets exist and how they are titled. Step 3: Petition the court and get appointed Even if you are named in the will, you generally must be appointed by the court to act. Once the probate case is opened and you are appointed, you receive documents that allow you to: Access estate accounts Deal with financial institutions Sell or manage estate property (subject to legal requirements) Sign documents on behalf of the estate Until you have that authority, you should be cautious about taking actions that could be interpreted as acting without legal power, especially with financial accounts or property. Step 4: Secure and protect assets A major responsibility of an executor is protecting estate assets. This can include: Making sure real property is secure, insured, and maintained Preventing unauthorized access to valuables Collecting keys, securing vehicles, and documenting personal property Paying necessary expenses to prevent loss, such as utilities or insurance premiums If the deceased owned a home, it is wise to check the property promptly. Florida weather, vacant-home risks, and simple maintenance issues can create problems quickly if a house sits unattended. Step 5: Create an asset inventory and track everything Executors need to know what the estate owns and what it owes. That typically means: Listing assets with estimated values Identifying debts and recurring obligations Tracking payments, receipts, and reimbursements Keeping a clean paper trail so beneficiaries can understand what happened This is one of the biggest areas where executors can protect themselves. When records are organized, questions are easier to answer, and disputes are less likely to grow into something bigger. Step 6: Notify beneficiaries and handle required notices to creditors Florida probate includes specific notice requirements, especially related to creditors. In many cases, a formal notice process shortens the time creditors have to file claims, which helps the estate move forward with more certainty. As executor, you will work through: Notifying beneficiaries or heirs as required Identifying and notifying known creditors Coordinating required publication or formal notice steps when applicable This is one reason many families choose to work with probate counsel. Notice requirements are technical, and mistakes can lead to delays or reopen issues later. Step 7: Pay expenses and valid debts in the proper order A common misconception is that an executor should start paying bills immediately from estate funds. In reality, the timing and order matter. Typical estate expenses can include: Funeral and final medical expenses Costs of administering the estate (court costs, attorney fees, accounting expenses) Mortgage payments, property taxes, insurance premiums, and utilities when needed to preserve assets Valid creditor claims, paid according to legal rules It is also important not to distribute assets too early. If you distribute money to beneficiaries and later discover valid debts or taxes, the estate could be short, and the executor can end up dealing with a difficult and stressful problem. Step 8: Handle real estate correctly Real estate is often the largest estate asset, and it frequently requires probate attention. Executor responsibilities commonly include: Confirming how the property is titled Coordinating with title professionals Maintaining the home during probate Deciding whether the property will be sold or distributed to beneficiaries Handling repairs, clean-out, and showings if the property is sold If the property needs to be sold, the executor must ensure the sale is done properly and that proceeds are handled through the estate. If beneficiaries disagree on what to do with the property, an attorney can help you navigate options and reduce conflict. Step 9: Handle taxes and final filings Many estates involve tax considerations, even when no estate tax is owed. Examples include: Final income tax returns for the deceased Estate income tax returns if the estate earns income during administration Documentation related to property sales or capital gains Collecting necessary tax forms from financial institutions Tax issues are very fact-specific. The right approach depends on the size and complexity of the estate and the kinds of assets involved. Step 10: Distribute assets and close the estate Once debts and expenses are resolved, and the estate is ready, the executor distributes assets to the beneficiaries named in the will, or to heirs under Florida law if there is no will. Distribution can include: Transferring funds Deeding real estate or coordinating a sale Distributing personal property Providing final accounting or documentation as required The last step is closing the estate through the court, which provides a clean finish and reduces the risk of lingering legal issues. Common examples executors run into in Florida Here are a few scenarios that come up often, especially in Polk County and Central Florida: Example 1: The “simple” estate with one house and a few accounts. A parent dies with a home titled solely in their name, a checking account, and a vehicle. The children assume they can “just take over” the house, but title cannot be transferred without probate steps. The executor’s job becomes coordinating probate, maintaining the home, and deciding whether to sell or distribute it. Example 2: The out-of-state family member. The executor lives outside Florida, but the deceased lived in Winter Haven. The executor needs help coordinating court filings, notices, and possibly a home sale without constant travel. A local probate team can manage filings and keep the process moving while the executor stays informed. Example 3: The missing paperwork problem. No one can find the original will, and family members disagree about what “Mom wanted.” The executor needs a plan to locate documents, confirm assets, and open the correct probate process based on what can be proven. Clear legal guidance can prevent the situation from turning into a prolonged dispute. Example 4: A beneficiary conflict over personal property. Even when money is not the main issue, family members may disagree over personal items, sentimental property, and timing. The executor becomes the person expected to solve it, which can create stress. Setting clear expectations and documenting decisions helps reduce tension. Issues executors often face, and why they get stuck Executors tend to run into the same roadblocks: Not knowing where to start. Probate has a learning curve, and the first week can feel overwhelming. Dealing with banks and institutions that will not cooperate yet. Without court-issued authority, many institutions will not release information. Delays caused by missing documents or unclear asset titles. This is common with older accounts, inherited property, or prior marriages. Family disagreements. Executors are often stuck in the middle, and timelines can become emotionally charged. Real estate complications. Vacant homes, maintenance issues, insurance concerns, and sale decisions can slow everything down. Fear of making a mistake. Many executors worry about being blamed, even when they are trying to do the right thing. These are all manageable problems when you have a clear plan and the right professional support. How Floyd, Sammons & Spanjers, P.A. helps executors in Polk County Executors deserve support because they are carrying a real responsibility, often without training and during an emotional season. Floyd, Sammons & Spanjers, P.A. assists executors by: Evaluating whether probate is needed and which path fits the estate Preparing and filing the documents required to open the estate Guiding the executor through notice requirements and deadlines Helping identify assets and address title issues Coordinating creditor claims and proper payment steps Assisting with real estate transfers and estate-related sales Keeping the process organized so you can focus on your family Support is critical because the probate process is structured, and small errors can create delays. When you have counsel guiding the process, you gain clarity, reduce stress, and move forward with more confidence. Call to action: “Lead With Clarity, Not Guesswork” If you have been named executor in Florida, you do not have to figure it out alone. A short conversation can help you understand what needs to happen, what can wait, and what deadlines matter most. Contact Floyd, Sammons & Spanjers, P.A. to schedule a consultation and get a clear plan for handling the estate properly. Being an executor is a service to someone you care about. With steady guidance and a step-by-step approach, you can honor that responsibility and get the estate to the finish line with less conflict and fewer surprises. Floyd, Sammons & Spanjers, P.A. is here to help families throughout Polk County move through probate with clarity, respect, and efficient progress.