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Summary Judgment in Property Boundary Dispute Case

Carey N. Bos and Kenneth “Jayme” Idle, of the Orlando office, obtained a summary judgment in a bitterly contested property boundary dispute case. Plaintiffs sued our client, a land surveyor, for negligent misrepresentation and professional malpractice. Plaintiffs claimed our client’s land survey was defective and they detrimentally relied on it when they purchased their home in 2004. Essentially, Plaintiffs said they believed they were purchasing a 2 acre lot, when if fact the lot was only 1 acre. Our client’s summary judgment argument was two fold. First, Plaintiffs failed to bring their action against our client until 2013. We argued Florida’s applicable statutes of limitation time barred Plaintiffs’ claims. Second, we argued the land survey provided by our client to the Plaintiffs in 2004 was, in fact, an “As-Built Survey,” as opposed to a “Boundary Survey.” The purpose of the As-Built Survey, which is defined in Florida’s Administrative Code, was to depict structures on the land, and not to depict property boundary lines. Thus, the disputed land survey was not defective. Despite vehement opposition and argument from Plaintiffs’ counsel at the hearing, the trial court granted the defense motion for summary judgment.

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