Land Disputes

Land Disputes

Boundary Disputes, Encroachments, Easements, Injunctions, Covenants, Partitions

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Land Disputes

Bernhardt Riley

Land Disputes

Boundary Disputes

Disagreements over the location of a property line and inaccurate legal descriptions of a purchased property often lead to boundary disputes in Florida. Whether the disputes arise from the sale of a property, a fence that has encroached onto a neighboring property, a tree that has been planted or removed, or a new build that is beyond the property line, a professional should be sought out to analyze whether there is an infringement on you or your neighbor’s property, and a determination should be made of how long that infringement has occurred. Bernhardt Riley real estate attorneys are skilled negotiators who can work with you to discover a compromise that can save you both time and money.

Additional land disputes the attorneys at Bernhardt Riley can help you navigate include:

Encroachments

An encroachment occurs when any portion of land above or below the surface beyond what is described in a property’s deed is occupied by an individual. In these cases, there is not an agreement allowing the individual to encroach on your property, nor an easement, judgment, or decree giving title to the encroached land.

Easements

An easement is a legal right given to a person or entity to use property or land belonging to another person or entity for a particular purpose. An easement can be created by a written agreement, established through a deed, by regular usage of the property, by way of necessity, or by license or permission.

Injunctions

A lawsuit for an injunction may be brought in court should a landowner believe that an easement or right of way is being improperly imposed or misused. An injunction will prevent the improper use of the land, and a breach of contract claim may provide for an award of damages.
If you are facing an issue that arises from the ownership of your Florida property, call the experienced attorneys at Bernhardt Riley to help you navigate your case.

Covenants

A property may be restricted to certain uses, or require specific actions be taken to the property by the property owner and may often be found in subdivisions and neighborhoods. For example, a restrictive covenant may prevent a property owner from turning a desirable piece of land into a subdivision. The Bernhardt Riley real estate attorneys can help draft a declaration clearly outlining the rights, responsibilities, and restrictions of all parties involved.

Partitions

When joint property owners in Florida are in dispute over the management of the property, or whether or not to actually sell the property, one of the owners may bring a Partition Action against the other owner. A Partition matter is a civil lawsuit that serves to force the sale of the property under §§ 64.011-64.091, Fla. Stat. It’s important to note that those able to bring a Partition action include “any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided.” § 64.031, Fla. Stat., and the lawsuit must be filed in the county where the actual property is located, despite the location of the owners. Ultimately, the court will decide whether to divide up the property and give each joint property owner a portion of it or whether the subject property should be sold, and will also decide each party’s entitlement to the share of sale proceeds and taking into consideration and the proceeds will be used to satisfy any mortgages, liens, and taxes and distribution will take into account any improvement or contributions made to the property such as mortgage payments or property taxes. Additionally, Florida partition actions take into account attorney’s fees which are specifically provided for in § 64.081, Fla. Stat.

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