Understanding Common Property Disputes in Florida
A property dispute is a type of real estate dispute that can occur during any part of the homeownership process. Property disputes can arise whether you are buying a home or have lived in the same place for several decades. A property dispute is a disagreement over how a piece of property is used, such as a home, business, waterway, or vacant land. Below, we break down the most common property disputes in Florida and how to resolve them.
Boundary disputes occur when there is a disagreement over a homeowner’s property line location. Property lines should be surveyed and documented on a property owner’s deed, but discrepancies between surveys may show two people own the same land. It may not initially be a problem until constructing a shed or fence on the disputed portion of land, adding or removing trees from a property, or using the area unsatisfactorily (such as for old car part storage).
There are two possible outcomes in a boundary dispute if the case goes to court. First, an ejectment may be ordered, determining the offending structure or possessions are trespassing on your land and must be removed. Or, a declaratory judgment may be issued, which is when a judge legally determines the property owner.
An easement is when one person owns a piece of property, but someone else is authorized to use it for a specific purpose. For example, many utility companies and government agencies may have easements to access your property to maintain electrical poles or water lines. There are several types of easements:
● Easement appurtenants—do not expire within a specific timeframe and are intact despite who owns the land.
● Easements in gross—are tied to a person or an organization, not a particular property. Utility companies often possess easements in gross to access and maintain power, cable, and internet lines.
● Prescriptive easements—may be requested when there is continuous use of land over a significant period (20 years or more in Florida).
Title disputes arise when selling a home Title disagreements occur when someone opposes ownership over a particular portion of a property. If there was an error in the property survey or title search, litigation might be necessary to rectify the problem. If you are in the process of a home sale, working with an experienced real estate attorney to perform a title search can help correct any defects.
How to Settle a Property Dispute
Property disputes tend to come with high emotions, as they may pit neighbor against neighbor. When settling a property dispute, the most friendly outcome is for you and your neighbor to resolve the dispute independently. However, this is not always possible. If you and your neighbor cannot agree, you may need legal assistance to file an injunction and settle the dispute. When filing your claim, you will want to present documents and gather information such as surveys, titles, and boundary maps. For assistance, contact a real estate attorney at the Boutty Law Firm to help file your claim.
Settle Property Disputes Amicably with the Boutty Law Firm
Property disputes can be very complicated and emotional, especially when dealing with neighbors. If you are facing a property dispute in Central Florida, seek the counsel of an experienced real estate attorney like the team at the Boutty Law Firm. Call our office at 407-710-0461 for an initial consultation.