Property Disputes in Tallahassee, 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 Tallahassee, 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. Tallahassee, 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

Residents living in Tallahassee may find themselves facing a property dispute. While this can be stressful, it’s important to keep in mind the process going forward. If your dispute involves more than $30,000 you’ll most likely file your case with the 2nd Judicial Circuit Court of Leon County.

Common Types of Tallahassee, 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 Tallahassee 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 Tallahassee, Florida Property Disputes

The University of Florida affirms that when a tree falls and causes damage in Tallahassee, liability generally rests with the health and state of the tree. If a healthy tree falls due to weather or some other phenomena, the property owner who incurred the damage is usually held liable. If the tree was diseases, or the owner was negligent, the property owner where the tree originated will be held liable.

Nuisance suits in Tallahassee are discouraged due to Florida’s Right to Farm Act. This legislation protects farmlands and lands used for agricultural production from such nuisance suits and indemnifies property owners against them.

Legal Process for Boundary Disputes In Tallahassee, Florida

Has someone brought a property dispute against you in Tallahassee, 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 Tallahassee, 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.

The Municipal Code of Tallahassee states that it is a violation to erect a fence or partition that endangers the health, safety, or well-being of the public. Violations include, but are not limited to:

• Using barbed wire
• Failing to meet the minimum height requirement of 4 feet
• Use of wood, metal, or petroleum-based sheeting materials
• Using unbonded bricks, or other masonry products

Try to Find a Solution with Your Neighbor

Property dispute litigation in , can be both costly and time-consuming, often stretching out for extended periods. To avoid the financial and emotional drain of court battles, it’s often better to try resolving the issue directly with your neighbor. Settling the dispute outside of court can save significant time, money, and stress for both parties involved.

Start by communicating directly with your neighbor. You can send a letter, email, make a phone call, or even visit their home if it’s safe to do so. A respectful and clear discussion may help clarify misunderstandings and lead to a resolution.

However, if communication breaks down and you’re unable to reach an agreement, it may be time to consult with an attorney. A legal professional can help you understand your rights and evaluate whether you have a strong legal case. If you do, they can assist you in sending a formal demand letter to move the process forward.

Sending a Demand Letter

This letter will be from your Tallahassee 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 Tallahassee, 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.

Property disputes in Tallahassee that are less than $30,000 can be filed with the Trial Court of Leon County. An experienced attorney in Tallahassee can help you determine which court will best suit your dispute.

Work With an Experienced Local Property Dispute Lawyer In Tallahassee, 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 Tallahassee 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.