Land ownership disputes are a frequent occurrence in Florida, given the state’s dynamic real estate market and complex property laws. Although these complex laws can result in many different types of disputes, there are some matters that are more regularly contested. Four of the most common real estate disputes include the following.
Dispute #1: Boundary lines
One of the most prevalent types of land ownership disputes in Florida involves boundaries. These conflicts often arise due to unclear property lines or discrepancies between legal descriptions and physical occupation. Common boundary disputes include:
- Encroachments: when a property owner violates the property rights of another by building a structure partly or entirely on a neighbor’s land.
- Improper fencing: where disputes arise over the placement of fences relative to the legal property boundaries.
Resolving these disputes typically requires professional surveys and legal intervention to amend property descriptions and rectify any encroachments.
Dispute #2: Access to the property
Access to a property is another common source of contention among landowners in Florida. Issues usually occur when properties are landlocked or when there are disagreements over the use of shared driveways or easements. Key points include:
- Right of way: Disputes can arise when a landowner blocks or restricts access to another’s property, especially if it impedes their ability to use or enjoy their land.
- Easement conflicts: Conflicts occur over the existence, scope, or interpretation of easements granted for utilities, drainage, or ingress and egress.
Legal resolution often involves confirming the existence and terms of any easements and ensuring that they are honored or appropriately modified.
Dispute #3: Title issues
Title disputes are another common issue in Florida, where defects in the chain of title can lead to ownership conflicts. These may involve:
- Forged documents: which can cloud the title and create legal uncertainty about the rightful ownership.
- Undisclosed heirs: who may emerge and claim property ownership following the death of a previous owner.
Resolving these disputes typically requires an examination of the title history and, sometimes, litigation to clear the title.
Dispute #4: Zoning matters
Zoning disputes involve disagreements over how property owners can use their land according to local regulations. Issues often arise when property owners seek to develop or use their land in ways that conflict with existing zoning laws. Common zoning disputes include:
- Non-compliant property use: such as operating a business in a residentially zoned area.
- Building violations: where structures are built contrary to the specifications permitted by local zoning ordinances.
Resolving zoning disputes typically involves negotiating with local planning authorities or seeking a variance or rezoning through legal channels.
Land ownership disputes in Florida can be complex and fraught with legal complications. A proactive approach can help landowners to safeguard their property rights and maintain good relationships with neighboring landowners.