Law Office of Kimberly A. Abrams & Associates, P.A.

Could property dispute lead to litigation in South Florida?

When a South Florida resident owns a piece of property, that owner can do whatever they want with the property, right? American ideals hold to the thought that a homeowner is the "king of the castle," the "lord of the manor," entitled to do with their property what they see fit to do. However, that may not always be the case in some situations.

Readers familiar with previous posts here have probably seen that the South Florida area is starting to become a battlefield for real estate disputes between property owners and preservationists. These property disputes can involve architecture lovers who don't want to see some of the more iconic Miami properties torn down, or, as in a recent case, history lovers who believe a property should be on a city's Register of Historic Places.

The latter is what is occurring right now in Boca Raton, where a man who currently owns the former Boca Raton Army Air Field Headquarters property has found himself caught up in a dispute with the Boca Raton Historic Preservation Board. The Board believes that the property should be honored due to the pivotal radar training which occurred on the site during World War II. The current owner, however, wants to tear down the buildings on the property and build a daycare center in its place.

Property disputes can be troubling for all of the parties involved, and can occur due to unfavorable terms in a real estate contract, problems at closing or even failure to disclose certain information. Usually all parties want to avoid litigation, but when the battle reaches the courtroom the time to fight for property rights has come.

Source: Sun Sentinel, "Hot Boca real estate market turns up heat on history," Anne Geggis, March 30, 2013

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