Few things are more frustrating than discovering your property rights are being challenged. Whether it’s a title issue after closing or a fight over easement access, these disputes often require legal support to resolve. You can resolve these disputes efficiently and protect your investment with the right approach and guidance. Let’s walk through five common Florida property disputes and how legal counsel can help safeguard your investment.
Boundary Disputes
When someone buys real estate, a survey is done of the property to ensure the boundary lines on the legal documents match the property lines on the actual land. While these are generally accurate, mistakes can happen. This can lead to two property owners thinking they both own a piece of land where their properties border. This dispute can escalate when the deeds are unclear, the surveys are inaccurate, a fence is built in the wrong location, or landscaping makes it difficult to determine the property boundary line.
A survey can help resolve a boundary dispute by performing a survey review, negotiating with the property owners, or submitting a quiet title action. A quiet title is a lawsuit filed in court that initiates a legal proceeding to determine who the legal and rightful owner is.
Easements and Right-of-Way Conflicts
An easement or right-of-way is when a property owner permits another party to use their property. Common examples of easements include a shared driveway or access to public utility structures. Common issues that arise with easements include an unauthorized person trying to use the easement, unclear easement use terms, or the property owner trying to block easement access and use. Often, the easement rights aren’t formalized in writing. Then, one of the parties will sell their property. The new party could try to use their easement access, but the property owner objects. Or, the new property owner objects to the easement and tries to prevent the other party from continuing their use of the easement. Without a formal written agreement, this can create issues with enforcing the easement agreement.
To resolve an easement dispute, a lawyer can provide guidance in interpreting any written agreement. They can analyze the situation and how the laws apply if nothing is in writing. A lawyer can file the necessary documents to enforce an easement or contest its continued use.
Title Defects and Ownership Disputes
No one wants to buy a piece of real estate only to find out later that someone else claims ownership. However, this can happen. A dispute over title can occur when there is an unclear title, unknown heirs, forged documents, or conflicting claims. These disputes can arise when someone decides to sell property, but also after the sale takes place. If the dispute occurs during the property sale, it can significantly delay the sale transaction. If it occurs after the sale, it can create a lengthy legal battle as the parties determine the rightful owner.
A lawyer can help prevent this type of dispute by performing title research during the property sale. The attorney can help resolve the issue and clear the title if a conflict is found. This could involve negotiation or litigation. If the dispute occurs after the property sale, a lawyer can represent the new owner and defend their ownership against other claimants.
Landlord-Tenant Property Disagreements
Disputes can arise between landlords and tenants. These disputes can happen over property damage, eviction, or lease violations. Ideally, the landlord and tenant have a written lease. That way, the parties can resolve issues by looking to the lease. Otherwise, these disputes can create an ongoing stressful experience for both parties.
A lawyer can help prevent these types of disputes by drafting a clear and readily understandable lease. Should a dispute arise, the lawyer can review the lease in light of the dispute and help their client understand how the terms apply. An attorney can advocate for their client, helping to enforce the lease and protect the client’s rights. If there is a wrongful claim, the lawyer can take action to defend their client.
How a Florida Property Attorney Can Help
Property disputes can be complex, stressful, and financially draining if not handled properly. From unclear boundaries to title challenges, Florida property disputes are more common than many people realize. If you’re facing a property dispute in Florida, you don’t have to handle it alone. Our team is here to help you understand your rights and take the right steps toward resolution. Let us help you find clarity and a fair outcome.
Schedule a consultation with one of our experienced attorneys to discuss your property dispute.
