Updated May 31, 2025: The Board of Professional Surveyors and Mappers has spoken and issued Final Orders on the complaint against the surveyor in the story below. You can find out more at the end of the story.
My advice to all residents here is to make sure they have the records of their deeds, property surveys and title insurance policies handy as there is a boundary dispute in progress that is likely to reset some boundaries. It would be a good idea if neighbors shared their surveys as the “confidential survey” practices of title companies only benefit them. You need to pay attention here as there are remedies available that are simple and easy as long as everyone is aware of what is going on. Surveys are the surveyors opinion of where the boundary is. Title is established by property survey at the time of purchase, with several years of insurance to cover claims made based on conflicting surveys that exist at the time of purchase. Conflicting surveys issued after title is issued are deemed inaccurate surveys. Without your consent, it requires a ruling by a judge in a court of law to set a boundary using such surveys.
It started with the Landscapers who claimed to be Friends of the HOA who did not need any approvals to do what they wanted. They came on the weekend at 8 am and started by butchering two beautiful groves of palm trees on the lot adjacent to my back yard . Lot renovations went on for weeks during March of 2022 and on into April as I repeatedly complained of the violations of the Covenants to the HOA, to no avail. When I saw that they had planted a garden along the fence-line that would be in full shade for six months of the year, from the ficus hedge on my property, I knew something was not right. My privacy was destroyed and my property was debased, and all the HOA told me was that the ficus privacy fence was on my property and I had that to grow to restore my privacy. And indeed the boundary of the properties was discussed with Property Management and I checked my property survey to assure it was so.
Despite the extremely dry weather, I attempted to grow the fence for my privacy.
The nuisance and constant activity at the fence line was intrusive and I had to put reflective block on my bedroom window. I did a lot of watering, just wanting them and their unsightly yard, blocked from view.
Then on August 7, 2022 I looked out my window to see the two neighbors IN MY FENCE, tearing away at the new growth I had worked so hard to grow and raking up and taking the mulch and leaves needed for ground cover. This was two to three feet past their fence line and they would not leave when I told them to go. He snarled at me from between the bushes like something from end-of-times, saying, “Everyone knows you’re crazy! YOU need to call the HOA. I’m cleaning.” This, being on a Sunday, I went to get my camera to video the insanity and destruction. To tell you how aggressive these people are, there was nothing blocking their exit as I walked out there with my camera, but instead of leaving, he commanded me, “NO PICTURES!”, gabbed his rake like a weapon and swung it, hitting my arm as I had to drop my arm with the camera down to avoid the impact of the blow. Not knowing if he would come out after me, I left, screaming and went in to call the police. But they had their story as he just “touched” me, an my witnesses were to far away to contradict the marginalization. They made a statement to the police that was redacted in the report I have where I believe they implicate the member of the board who incited this incident.
And indeed, they were not just unrepentant, a month later they were back to the same thing and were joined by a board member who said they had a survey showing they owned part of my property. They did not provide me with this survey in a civil manner but had survey markers staked into the ficus, cutting, spray painting and doing damage and then giving it another “cleansing”, with the markers a half foot into my property and the “cleansing” of and several feet. The green flag by the no trespass sign in the picture below is based on a survey of 2016 that established my title for the property. The orange flags are claims of the neighbor, encroaching my survey by approximately a half foot. The area being destroyed is well into my property by all surveys and is a flagrant attempt at adverse possession. I later obtained the survey and found it was their 2021 mortgage survey that they had their survey company “stake”. The title company deferred the matter to the surveyors, while my title insurance company deemed the 2021 survey inaccurate.
Note also while the neighbor is claiming the fence needs to be cleansed to keep his yard clean, he leaves the overhangs dropping leaves in it. This later became a point of contention where the neighbor and the same board member tried to hold me responsible for trimming the overhang in an outrageous display of discrimination that is another inversion of legal precedents and adds greatly to grounds for a lawsuit.
There were ongoing nuisances including voyeurism and encroachments and attempts at further invasions. But the aggression did not stop there. The neighbor had an reflective white aluminum sun-porch with plexiglass windows rated for 75 MPH constructed with a setback based on their inaccurate survey. The Architectural Committee of the HOA approved it and the City of Boynton Beach held up the permit approval for the neighbor to get the boundary matter corrected, but eventually folded and approved the construction with caveats. I now have a wind and electrical hazard reflecting glare and radiation across 30 feet of my back yard that is improperly set back from the property line.
I had initiated talks between the two surveying companies when the encroachment was discovered. They were not cooperative and gaslighted me for some months. What it finally came down to is that the survey marker control points on the two different streets give different results. There were never any as-built surveys done on the original construction that would have identified the problem early on and apparently no boundary disputes before this one. It involves the entire block and the boundary claimed by the neighbor places all the homes on the north side of Buffet Key three inches into the sidewalk, which is in the right-of-way. While this is unlikely to be a valid claim, without the as-builts, it will take extensive surveying to disprove. I filed a complaint with the Board of Professional Surveyors and Mappers in March 2023, against both surveyors. The Board of PSM determined the complaint to have legal sufficiency in July 2023 and the situation is currently under investigation.
The City approved the construction with caveats pending the outcome of the Board of PSM investigation.
We will let you know how the situation develops.
I would say the tree trimming budget should be cut.
_________End of Original Story__________
Update of 5/31/2025
The Board of Professional Surveyors and Mappers took action and the Final Orders show fines, penalties and disciplinary action taken against the surveyor. Beware of who you hire to do a survey. This surveyor had a record that included two such prior actions by the Board of PSM. The business had an F rating with the Better Business Bureau.
Why would anyone lay claim to the property of another based on the survey of an F rated business and a disreputable surveyor? I made a point to see these neighbors were notified to file a title claim before their title insurance expired. The purchases of both properties was closed by the same Title Company that had both of the surveys in question, in their possession. So much for the title search. Who should pay to fix their mess? I sure hope they do not expect me to do it.
And we will see what the City of Boynton Beach has to say about this and let you know.
We would urge all to know the rules of title and survey and to be familiar with their deed and survey. You should also be familiar with any previous surveys of your property and the past and present surveys of adjacent properties. Recognize the limitations of the accuracy of the survey and settle boundary disputes amicably. If there are no earlier surveys showing other owners, only a judge in a court of law can change your title without your consent, using a “new” survey.
Here is a good article on how to fix boundary problems without a judge: https://unitscale.com/boundary-line-agreements-101-how-to-maintain-harmony-in-neighbourhood-disputes/ .
If you purchased you property less than three years ago, you may be able to make a claim against you title insurance to help cover any costs of insuring your boundaries get properly set.
Can the community of Crystal Key come together and solve the plat problem here without emptying our pockets? You will get to help decide.
Should the reviews of the Architectural Review Board be open to the owners of adjacent properties and should they provide notice to them when a change is planned effecting their boundaries?