Property Disputes in Fort Lauderdale, FL
Property disputes in Florida are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Fort Lauderdale, Florida. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Fort Lauderdale, FL property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
These individuals typically need to appear at a county trial court for hearings. Alternatively, a circuit court may become involved in a property dispute in Fort Lauderdale.
Common Types of Fort Lauderdale, Florida Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Fort Lauderdale where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Fort Lauderdale, Florida Property Disputes
The University of Florida details how state law handles a prototypical topic of property disputes. Trees and who has responsibility for them is a frequent argument between neighbors. These situations are further complicated when agriculture is a factor, such as livestock or crops. Generally, neighbors need to share fencing costs, but exceptions may apply.
While Florida is well-known for its beaches, it also has a rich history of agriculture operations. Indeed, the City of Fort Lauderdale promotes urban farming and community gardens. Consequently, the state’s Right to Farm Act often becomes relevant to property disputes. This legislation represents protection to farmers or ranchers from litigation claiming their presence is a nuisance.
Legal Process for Boundary Disputes In Fort Lauderdale, Florida
Has someone brought a property dispute against you in Fort Lauderdale, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Fort Lauderdale, FL property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
Fences, their uses, and costs can be central legal issues for boundaries in Fort Lauderdale. Under Florida law, the responsibilities can become more complicated if livestock becomes involved. There are legal definitions for fences and what happens when animals breach a partition. For these matters and others, an attorney may be necessary to understand your rights.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Fort Lauderdale, Florida can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
This letter will be from your Fort Lauderdale attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
Settling a property dispute out of court is usually the most cost-effective option, saving both parties from expensive litigation fees. However, if negotiations stall, taking the matter to court may be necessary. The court will review the evidence and make a legally binding decision regarding ownership of the , property in question. While the court’s ruling may not align with your expectations, it’s often in everyone’s best interest to resolve disputes through negotiation whenever possible.
Generally, if you don’t settle, the 17th Judicial District will decide property disputes in Fort Lauderdale.
Work With an Experienced Local Property Dispute Lawyer In Fort Lauderdale, Florida
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Fort Lauderdale property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Florida state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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