Property Disputes in West Palm Beach, 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 West Palm Beach, 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. West Palm Beach, 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 facing a property dispute in West Palm Beach will most likely have to file in the Palm Beach County Trial Court. This court holds jurisdiction and handles the majority of property dispute cases for the city.
Common Types of West Palm Beach, 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 West Palm Beach 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 West Palm Beach, Florida Property Disputes
According to the University of Florida, land owners are liable for damages if a tree falls and causes damages to another’s property. The land owner is not held liable for any nuisance suits filed due to low hanging or overhanging tree limbs. However, an adjoining property owner is entitled to trim back such branches if they cross the property line.
Florida’s Right to Farm Act prevents the advancement of nuisance suits in West Palm Beach against farmland or any lands that price agricultural products. If such a suit is filed, it will be dismissed.
Legal Process for Boundary Disputes In West Palm Beach, Florida
Has someone brought a property dispute against you in West Palm Beach, 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 West Palm Beach, 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 Palm Beach County Board of County Commissioners declares that, with the exception of certain barriers such as pool fencing, all partitions, walls, and fencing require a permit before you can legally begin building. However, there is also an exemption for permits based on the dollar amount, or type of repairs. Minor repairs, or repairs that amount to $1,000 or less do not require a permit in Palm Beach County.
Try to Find a Solution with Your Neighbor
Property dispute litigation in West Palm Beach, 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 West Palm Beach 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
In most cases, settling a dispute out of court is the best option for both parties, as it helps avoid the time and expense of litigation. However, if negotiations break down, it may become necessary to take the matter to court. Once the case is filed, the court will thoroughly review the evidence and determine the rightful owner of the property in question. Keep in mind that the court’s decision is legally binding, and while it may not align with your expectations, accepting a settlement is often the more practical solution to avoid a potentially unfavorable outcome.
If your property dispute involves more than $30,000 you may bypass the Trial Court and file with the Palm Beach County Circuit Court. An experienced attorney in West Palm Beach can help you decide which is better for your case.
Work With an Experienced Local Property Dispute Lawyer In West Palm Beach, 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 West Palm Beach 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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