Apartment lost lift station parcel to tax deed

[Ryan M.]

I own a parcel in Florida via tax deed. On it is the lift station of the adjoining apartments. The parcel was originally developed by the apartment complex as a separate parcel for sewage waste. At some point they abandoned the septic field and stopped paying taxes. I don't think they realized their private lift station was on the parcel. They are refusing to give us access to our parcel, as it is land locked, even though statutes would require them to grant us access through their private road. We offered them the parcel at a very fair rate, which they low-balled. They are also in negotiations to sell the apartments. How big of an issue is it going to be for them since I now own the parcel that their lift station is on? I am also being assessed on my taxes another $30k in value for their lift station.

[Keith Thompson]

-Lift Station-  pumps sewage from lower elevation to higher so gravity can then take over. I had to look it up...

1) FL court will grant you an easement, via some route, not necessarily through the apt prop. irrespective of Title Insurance, though you will have to foot the bill. Call RE Atty to get estimate.

2) Apt may choose to build another lift station, but it will be costly. I think the same court would grant reciprocal easement for sewage, out of equity. If the lift station is there, I suspect so is the path to sewage pipe.

3) Assess the value of your property separate from the apt bldg to determine if the court costs are worth it.

Sometimes initiating the suit lights a fire under othrwise reluctant parties and brings them to the table.

Once initiated, the Apt owners may see the value in owning the parcel vs building another lift station plus counter suing you for easement in their favor. Be ready to deal, don't get greedy. Get in, get out, get paid.

I once bought a Townhouse development parcel containing a culdesac, street, parking, common sidewalk & playground. The HOA refused to deal... until we headed to court. It took three years to get paid; yes, it was worth it.