In short: Not always. Florida boundary law looks first to what the original surveyor actually did on the ground, and where the plat and the ground differ, courts weigh monuments and surveying evidence. In 45 Star Island, LLC v. Kostiner, neighbors on Miami Beach’s Star Island disputed whether their line followed the 1920s plat or a line apportioning extra footage among the lots. The Third District affirmed the trial court’s judgment, which accepted the apportionment, without a written opinion on December 3, 2014.
The Facts
45 Star Island, LLC owned Lot 45 on Star Island in Biscayne Bay. Shay Kostiner owned the neighboring lot. The island was platted around 1920, with a corrected plat around 1930. According to the lawyers at argument, three surveys put the line in three places: one on the plat line, one along an old meandering wire fence, and a 2008 survey by Biscayne Engineering, the original surveying firm, that apportioned extra footage among the lots.
The extra footage came from Bridge Road. Kostiner’s counsel said the road onto the island was built at about 57 degrees while the plat drew it at 60, leaving roughly 25 extra feet on the east side. Spread evenly, he said, that gave five eastern lots about five extra feet each and took about twelve and a half feet from each of the two lots west of the road. The trial court accepted that apportionment after a bench trial, and 45 Star Island appealed (No. 3D14-767). Roy Black argued for 45 Star Island. The case was argued on November 17, 2014. The points below are what the lawyers argued, not findings by the court.
- 45 Star Island argued Florida cases set a sequence: place the deed on the ground, then the plat, then look for original monuments set by the original surveyor. Both sides’ experts, it said, found no original monuments, so the plat should control.
- It argued the trial court reasoned backward from field notes on neighboring lots and general surveying principles about what the surveyor intended, rather than from what was actually done on the ground.
- It argued Bridge Road was not a monument called for in the deed, and that the land in question was the City of Miami Beach’s right-of-way.
- Kostiner argued the center line of Bridge Road was an artificial controlling monument shown on the plat, and that the original surveyor actually built it at 57 degrees. Records going back to the 1920s, including field notes, a 1940 Biscayne Engineering survey, later surveys and a 1962 court decision, showed the lots had always been apportioned that way.
- The panel asked why 45 Star Island had negotiated a price reduction for a fence encroachment before buying. Its counsel said the reduction paid for expected litigation with the neighbor, not an agreement on the line. Kostiner’s counsel said a fence-based claim had been pleaded in the alternative and dropped before trial.
The Decision
The Third District affirmed on December 3, 2014. The ACIS docket lists the disposition as “Per Curiam Affirmed,” with no written opinion, and the mandate issued on December 19, 2014.
The affirmance leaves the trial court’s boundary line in place. Because there is no opinion, it does not say the plat never controls or that surveyors may always apportion. It decides only this boundary.
The Law
Florida boundary cases try to retrace the footsteps of the original surveyor. When a deed describes land by reference to a plat, the plat becomes part of the description. When the plat and the ground disagree, original monuments set or used by the original surveyor generally control over courses and distances on paper. Both sides relied on this line of cases at argument.
The fight in 45 Star Island was over what counts as evidence of the original survey when no original corner monuments can be found: a road the plat shows as a dividing line, historical surveys and field notes, or only the plat itself. Florida’s platting statute, chapter 177, governs how plats are made and recorded, but boundary disputes like this one are decided mostly under case law and expert surveying evidence.
Lessons
- Before buying waterfront or older platted property, get a current boundary survey and compare it with the plat and with what is on the ground: fences, hedges, walls and roads.
- If your survey shows an encroachment, decide before closing how it will be resolved. A price reduction does not fix the line.
- Boundary trials are won with surveyors and old records. Field notes, early surveys and prior court decisions can carry the day.
- Plead alternative theories, such as acquiescence or adverse possession, carefully. Dropping one before trial narrows the case to the survey question.
- Diagrams matter. The panel told counsel that a case like this cries out for clear exhibits in the appendix.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
👨⚖️ Roy Black on Star Island: Does the Original Plat Control, or Can a Later Survey Move the Line?
Go Deeper
- A Chain-Link Fence Since the 1950s Settled a Key West Boundary (Kaczmarek v. Kruer)
- A Fence Since 1976 Wins a Key West Strip by Adverse Possession (Dadd v. Houde)
- Does Title Insurance Cover an Easement You Could See? (Coast Development v. Old Republic)
Frequently Asked Questions
What controls a property line in Florida: the plat or the survey?
The goal is to find where the original surveyor put the line. A plat referenced in the deed is part of the legal description, but original monuments on the ground usually control over measurements on paper. In 45 Star Island, the trial court accepted a surveyor’s apportionment over the plat line, and the Third District affirmed without an opinion.
What happens when three surveys show three different property lines?
The dispute usually goes to a judge, who hears from surveying experts and looks at historical records, original monuments and the plat. That is what happened on Star Island, where the plat line, a fence line and an apportioned line all differed.
Does a fence establish the property line in Florida?
Not by itself. A fence can support a claim of boundary by acquiescence or adverse possession if the legal elements are proven over time. In 45 Star Island, a fence-based theory was pleaded in the alternative but dropped before trial.
Can my neighbor's survey take part of my lot?
A new survey cannot move a boundary by itself, but a court can decide that the true line is different from what you assumed. Get your own surveyor, preserve old surveys and records, and talk to a real estate litigation lawyer before tearing down fences or building near the line.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
