People living in a Florida City gated community are raising concerns about a neighboring development project. They believe it has crossed the property line and caused damage to their land.
Homeowner Donald Purnell, who has lived at the Gateway Estates Park Condominiums for the last 23 years, reached out to CBS News Miami for help.
“I’m an honest man,” Purnell said. “I’m just trying to defend my home.”
Purnell said the last two years living in his home crushed his spirit.
“The first time I saw it, it broke my heart,” Purnell said.
Purnell said the new development taking shape next door is a townhome project by Kolter Land. He contacted CBS News Miami in early February, saying he believed the builders had dug too far past the property line and no one was listening.
“I feel very helpless,” Purnell said. “That’s the word.”
On February 6th, Purnell showed CBS News Miami his property, pointing to damages he claims were caused by the construction project that began in 2023. He pointed out several uprooted trees, including smaller palm trees and larger ones.
“They mowed every one of them,” Purnell said. “That’s the remains. They came in, went way over that line and destroyed all 11 palm trees planted along the border.”
On the Miami-Dade County Property Appraiser’s website, the difference between 2023 and 2024 was noticeable.
Miami-Dade County Property Appraiser’s aerial view of the property in 2023. The yellow line is not the exact property boundary. Miami-Dade County Property Appraiser
In 2023, the images show a vast amount of trees in both Purnell’s backyard and the lot next door. By 2024, the same perspective reveals paved land and ongoing construction.
“There’s no doubt about it,” Mark Wasser, a member of the condo association’s board. “The aerial photos are cut and dry. It shows the impact on the adjacent properties in my community. I don’t think it’s rocket science at all.”
Miami-Dade County Property Appraiser’s aerial view of the property in 2024. The yellow line is not the exact property boundary. Property Appraiser of Miami-Dade County
CBS News Miami also contacted Kolter Land and shared photos and videos from the weeks-long investigation.
“Our site was cleared for mass grading over a year ago. However, our contractor did not remove any trees when they were installing the retaining wall over the past month, which I thought was the implication. There were never any trees removed from neighboring properties. The site and retaining wall were all laid out by a surveyor. Aerials can’t be relied upon for the location of a property line in the field. We stand ready to resolve any future issues,” Brookfield Kolter Land Partners replied in a statement.
Within the last few months, Wasser said the situation appeared to have worsened.
“I have a couple of properties along that property line with the developer that have been impacted,” said Wasser.
During its investigation, CBS News Miami noted pink stakes labeled PL marking the builder’s property line. Nearby, stones and rubble were found several feet from what appeared to be the retaining wall. The investigation revealed similar issues, including drone footage and visits to neighbors’ yards.
Purnell even spray-painted “NO” near the wall and documented all the 2023 construction changes he witnessed.
Miami-Dade investigates homeowners’ concerns
Miami-Dade County Regulatory and Economic Resources (RER) was asked to investigate the homeowners’ disputes to which they released the following statement.
“On February 12th, inspectors on scene reviewed the land surveyor’s stakes showing the property demarcation where a retaining wall is being built. While the wall is being constructed within the property boundaries of the project, the inspectors observed spillover of construction fill, the result of the visible trenching on both sides that is necessary for anchoring this kind of wall. RER met with the developer to address neighbors’ concerns, and since then, they have cleaned up the area of concern.”
“Developers are required to hire a land surveyor licensed by the State of Florida to determine property boundaries when building this kind of project. Even though trenching is required to erect a retaining wall, builders are required to keep sites clean. RER reminded the project supervisor that a requirement for the project to pass final inspection is for the site to be clean and efforts made to restore adjacent areas to their original condition. We will continue to monitor the location routinely as construction continues, making sure they follow proper procedures and minimize any undue impact to neighbors.”
“Our intention is to hold the developer responsible for full restoration of any impact that they’ve made to any of our homeowners’ properties, which includes any fill that has poured over, spilled over onto homeowner’s property, restoration of landscaping that they tore out for them to be able to construct the wall,” Wasser said.
“We are dedicated to maintaining positive relationships within the community and will take all necessary steps to address and rectify any encroachment that may have occurred,” Brookfield Kolter Land Partners noted in a statement.
For now, that promise feels like little relief to Purnell.
“I’m 71 years old [and] I used to love coming down here, and in 2023, it all changed,” Purnell said. “Now, [I] can’t plant a thing. This was all developed. It was all my tropical jungle, what I used to call it. Totally lost if I didn’t have your help.”
Miami-Dade County Regulatory and Economic Resources reminded the project supervisor that the site must be clean and adjacent areas must be restored to their original condition to pass the final inspection.
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Joe Gorchow 
Joe Gorchow joins CBS4 News as a seasoned reporter and anchor with extensive live and breaking news experience. Joe’s competitive nature and passion for connecting with the community blend perfectly into his role at WFOR. He strives to provide the coverage our viewers deserve.
