Real Estate Boundary or Title Disputes

How do real estate boundary and title disputes affect community associations?

Real estate boundary or title disputes arise when there is disagreement over property lines or ownership rights. For example, disputes regarding boundary lines may involve conflicts with neighboring properties over encroachments or easements, while title disputes can arise from unclear property ownership records or conflicting claims.

These disputes often lead to legal battles that can strain the resources and time of community associations. Moreover, boundary and title disputes can disrupt planned developments, delay construction projects, and create tensions among residents, especially when the disputes concern common areas and shared amenities within the community.

Need help regarding real estate boundary or title disputes? Schedule your consultation today with a top community associations attorney.

In Florida, which laws and regulations apply to real estate boundary and title disputes?

In Florida, several laws and regulations apply to real estate boundary and title disputes, including:

Florida Land Boundaries Law: Establishes procedures for recording and maintaining accurate property boundary records, which may help resolve boundary disputes.
Florida Marketable Record Title Act: Outlines circumstances where marketable title may exist, simplifying the transfer of property by extinguishing certain covenants and restrictions after thirty years.
Florida Easements Law: Establishes principles for determining the existence or non-existence of easements, providing guidance in boundary disputes involving easements.

What are common issues regarding real estate boundary and title disputes that lead to litigation?

The following issues are among the most common in actions regarding real estate boundary and title disputes:

Unclear Property Boundaries: Disputes may arise due to unclear delineation of property lines, leading to conflicts with neighboring properties over encroachments or easements.
Ambiguous Title Records: Incomplete or inaccurate title records can result in disputes over ownership rights, typically when multiple parties claim ownership or interests in the same property.
Failure to Disclose: Non-disclosure of pertinent information regarding property boundaries or title issues during real estate transactions can lead to disputes and potential legal action.
Boundary Encroachments: Actions such as unauthorized construction or landscaping that encroach upon neighboring properties can trigger boundary disputes and litigation.
Easement Disputes: Disagreements over the scope and usage of easements, such as rights of way or access, can escalate into legal battles between property owners.
Chain of Title Issues: Breaks in the chain of title, such as missing or defective conveyance documents, can raise questions about property ownership and the validity of transfers, resulting in litigation.

We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What steps should businesses take to minimize the risk of litigation over real estate boundary and title disputes?

To minimize the risk of litigation over real estate boundary and title disputes, businesses can implement the following strategies:

Thorough Due Diligence: Prior to a real estate transaction, conduct comprehensive due diligence by verifying property boundaries, reviewing title records, and identifying potential issues.
Title Insurance: Invest in title insurance to protect against unforeseen title defects or challenges, providing financial coverage for legal expenses and potential losses.
Clear Communication: Foster transparent communication with all parties involved in real estate transactions, disclosing any known boundary or title issues to avoid disputes.
Professional Surveys: Engage licensed surveyors to conduct accurate property surveys, resolving any ambiguity regarding boundary lines and minimizing the risk of disputes.
Clear Agreements: Clearly define rights and obligations related to property boundaries and easements in contractual agreements, reducing the likelihood of future disagreements.
Legal Counsel: Consult with experienced real estate attorneys to review contracts, address potential issues, and provide guidance throughout real estate transactions to mitigate legal risks.

Frequently Asked Questions

How long does a real estate boundary dispute take to resolve in litigation?

The duration of boundary dispute litigation varies depending on factors such as the complexity of the case, court backlog, and the willingness of parties to negotiate. Typically, the duration can range from several months to years.

What is adverse possession, and how does it relate to boundary disputes?

Adverse possession is a legal doctrine that allows individuals to claim ownership of property by openly and continuously occupying it for a specified period, typically seven years in Florida. This doctrine can arise in boundary disputes when one party asserts ownership based on adverse possession.

What happens if survey errors lead to a boundary dispute?

Surveyors can often be held liable for negligence if inaccurate surveys cause boundary disputes.

Have more questions about a situation related to real estate boundary or title disputes?

Crucially, this overview of real estate boundary or title disputes does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.