Ownership of waterfront property is particularly desirable in Florida and often involves unique real property considerations. It is often difficult to distinguish where the private land rights cease and the sovereign land ownership begins. As a result, a subset of real property law has emerged to address what is called […]
Lenders should be aware of a new Florida law, which requires lenders to provide existing tenants with at least thirty days to vacate the property after the foreclosure sale. Florida Statute § 83.561, titled “Termination of Rental Agreement Upon Foreclosure”, became effective on July 1, 2015. The law replaces a recently expired federal law titled Protecting Tenants at Foreclosure Act. As such, the implementation of this new Florida statute may come as no surprise to lenders. However, lenders should understand their statutory rights and responsibilities prior to evicting tenants after foreclosure.
This blog post is Part IV in a series of blog posts discussing the determination of ownership in boundary disputes. Part I discussed the different claims and elements of claims that may be asserted in a boundary dispute action. Part II discussed the different types of information that can be […]
This blog post is Part III in a series of blog posts discussing the determination of ownership in boundary disputes. Part I discussed the different claims and elements of claims that may be asserted in a boundary dispute action. Part II discussed the different types of information that can be […]
This blog post is Part II in a series of blog posts discussing the determination of ownership within boundary disputes. Part I discussed the different claims and elements of claims in boundary dispute actions. This second post concerns the information used in proving ownership in boundary disputes. Proving ownership is […]
A disagreement arises between two neighbors as to the boundary line of their parcels, now what? This blog will explore the claims that may be raised in a boundary dispute. Preliminarily, before exploring the different claims that may be asserted to resolve boundary disputes, practitioners must deal with the threshold […]
By: Brandon C. Meadows, Esq.
Lenders take heed: the Florida Supreme Court recently amended the Florida Rules of Civil Procedure governing mortgage foreclosures. Additionally, the high court promulgated several standard forms, which reflect the amended rules. The recent rule amendments and forms are in response to the recent legislation regarding mortgage foreclosures, including the new Section 702.015, Florida Statutes, which set forth the new pleading requirements for foreclosure complaints. The purpose of the statute is to “expedite the foreclosure process by ensuring initial disclosure of a plaintiff’s status and the facts supporting that status, thereby ensuring the availability of documents necessary to the prosecution of the case.”
Outside of Florida’s codified landlord/tenant laws, there are several ways a landlord can protect itself when involved in a commercial real estate lease. This blog post highlights some of the ways that commercial landlords may protect their personal and financial interests in commercial real estate leases. 1. Vet credit from […]
Representing real estate developers, we are often asked how damages are calculated when the State of Florida takes a building in eminent domain. The answer is that it depends (don’t you love lawyerly answers?), but for the most basic scenario, we’ll analyze a taking that will require destruction of the entire building and for round numbers, we’ll say that the building has a fair market value of one million dollars. In short, under applicable Florida statutes and case law, fair market value of land and any additional factor impacting the value of the condemned property are factors to determine full compensation. The specific facts of the case will determine if any other applicable compensation is awarded.
Our recent Blog posts on real estate law have discussed the claims a seller of property can bring against a buyer who breaches a real estate sales contract and also the claims a buyer may bring against the seller when a breach has occurred. One post has also covered the seller’s disclosure obligations when entering into a real estate sales contract. These posts have peripherally mentioned the remedy of specific performance without giving much additional detail. This post will delve further into this remedy and discuss when specific performance is available to a buyer or seller when the other party has breached the real estate sales contract.