Property Disputes in Port St. Lucie, 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 Port St. Lucie, 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. Port St. Lucie, 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

Any of these individuals in the Port St. Lucie area may need to appear in front of a county trial court. In other circumstances, a local circuit court will take jurisdiction.

Common Types of Port St. Lucie, 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 disagreeing 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 Port St. Lucie 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 Port St. Lucie, Florida Property Disputes

Many property disputes in Florida will concern trees, gardens, or other plants. While these parts of the land add value, they’re often subject to damage or destruction by others. Furthermore, there can be local regulations on dealing with local timber. For example, the Port St. Lucie Code of Ordinances has rules for trees, their protection, and preservation. If your case involves these elements, you may need a local attorney to unravel the city, state, or even federal laws that may factor into a lawsuit.

Another conflict is between residential developments and agricultural operations in Port St. Lucie. These matters often revolve around critical legislation known as the Florida Right to Farm Act. In theory, this law prevents ranchers or farmers in the area from halting operations due to lawsuits. Additionally, it contains legal shielding from litigation claiming they’re a nuisance to others.

Legal Process for Boundary Disputes In Port St. Lucie, Florida

Has someone brought a property dispute against you in Port St. Lucie, 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 Port St. Lucie, 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.

Any boundary dispute in Port St. Lucie may have an element that involves fences. The legal requirements for fencing and how it relates to property ownership are in Florida Statutes. When applicable, neighbors that own livestock often have more liabilities than they may understand currently. Generally, someone who owns an adjoining property should pay for half of the partitions. But, that doesn’t always apply when grazing animals become a factor.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Port St. Lucie, 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 Port St. Lucie 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

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Port St. Lucie, FL property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

The lack of an agreement between parties in a lawsuit in Port St. Lucie will likely result in a civil trial. In this case, a judge or jury from the 19th Judicial District will have the final say.

Work With an Experienced Local Property Dispute Lawyer In Port St. Lucie, 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 that understands Port St. Lucie 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!