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Riparian Rights in Florida: The Right to a Waterfront View

September 28, 2015 Community Association Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

In Florida, one of the most attractive and desirable features of waterfront property is the incredible view. Concerning waterfront property ownership, it can be difficult to distinguish where your private land rights cease, where your neighbor’s private land rights begin, and the rights of the State with sovereign submerged land […]

Riparian Rights in Florida: Docking and Wharfing

August 24, 2015 Community Association Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Evicting Tenants After Foreclosure

August 17, 2015 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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.

Determining Ownership Within Boundary Disputes Part III: How to Determine Whether you Own the Water you Live On

May 19, 2015 Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Determining Ownership Within Boundary Disputes Part II: Information Used To Prove Proper Ownership

May 7, 2015 Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Determining Ownership Within Boundary Disputes Part I: An Overview of Claims Available and Analysis of Elements Required to Prove Those Claims

May 6, 2015 Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Florida’s New Rules and Procedures Governing Mortgage Foreclosures

February 2, 2015 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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.”

Five Ways for Commercial Landlords to Protect Themselves in Commercial Real Estate Leases

August 19, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

How are Eminent Domain Damages Calculated in Florida?

August 12, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

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.

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