Law Offices of Frese, Whitehead & Anderson P.A.
Local: 321.473.3295
Toll free: 866.510.7362
We can tailor a solution to meet your needs. Find out how.

Melbourne FL Business & Real Estate Law Blog

How can I settle an encroachment issue with my neighbor?

One issue that you may not think about until it becomes a problem is property encroachment. Encroachment is when a structure from a neighbor’s land crosses property boundaries onto another homeowner’s land. 

Encroachment can happen in a variety of ways in Melbourne. For example, it is not uncommon for one person to build a fence around their yard, only to end up in a dispute because the fence is on the neighbor's property. Encroachment disputes are very common. Consider the following ways to resolve encroachment concerns, so you and your neighbor can remain on good terms. 

Tips for commercial real estate investments

If you're wondering if investing in commercial real estate property is a good idea, make sure you do your homework. Some people would not dream of going into this market and if you don't have a heap of ambition, it may not be for you either.

A lot of research and time go into finding the right property. You must weigh the purchase price against the potential value of the property. Inspections, negotiations, financing, possible plans for development or remodeling and marketing are also considerations. Do your homework before jumping in with both feet.

The benefits of a business buy-sell agreement

All businesses experience difficulties throughout the lifespan of the company. However, proper business operation practices can help to eliminate some issues before they even begin. 

For those business owners who like to plan for the future, a buy-sell agreement could be essential. There are a few important benefits of this type of business arrangement.

Payments for trust litigation can come from trusts themselves

Trust litigation can be a complicated area of law, and Florida maintains a variety of codes that regulate how trusts are formed and modified in a court of law. Much of this aspect of law deals with who is entitled to a trust in total or assets and value contained in one.

Legal code in the Sunshine State previously held that legal fees in a case of trust litigation could not be paid out of the trust without court approval because this arrangement would constitute a conflict of interest for a trustee. This put many trustees in a difficult financial position, often while defending their rights to assets.

Businesses shouldn't lose money due to construction issues

Businesses count on being able to use the facilities and structures that they own. When there are issues with these facilities, there is a chance that you won't be able to open or run your business as you need to. This costs you time and money.

Construction defects are one of the reasons why some business owners might not have full use of their properties. These defects are usually fully preventable if reputable contractors do what they are supposed to do and use quality supplies for the project.

Crane damage provokes dispute

Melbourne, Florida, is the site of many construction projects and, at times, the site of some pretty extreme weather, such as the torrential rains and high winds brought by Hurricane Irma. When all of those things coincide, there can be problems at construction sites, and corresponding construction litigation.

That happened last September, when 99 mph winds slammed into three cranes at a construction site, snapping the arms of the cranes and leaving those arms dangling from the cranes' towers, which remained upright despite the extreme gusts of wind. The cranes belonged to Maxim Crane Works, a company based in Pennsylvania, which had rented to cranes to a Miami subcontractor for work on a 31-story apartment building that was under construction. That Miami subcontractor has now filed a lawsuit.

Is a deed restricted home a good investment?

If you are thinking about purchasing a home in a gated community in the Melbourne area, you might want to look closely at the homeowners association rules. There is the possibility that you might end up with a deed restricted home. Though you probably believe that owning a home gives you the right to do what you want with the property, a deed restriction limits your options. 

Many condo and homeowners associations use deed restrictions to maintain a uniform community. Sometimes they are put in place by previous owners. Regardless of how they got there, you should take some time to consider if purchasing a deed restricted home is in your best interest. 

Closing on your condo may require you to take out insurance

If you're looking to purchase a condo, then some legal experts warn that you should be cautious to see if either your co-op, bank or condo board requires you to take out insurance before you close on its purchase.

It's commonplace for a condo association or co-op to require you to show proof that you've taken out insurance before you schedule the closing on your condo.

Pinellas County suit alleges mismanagement by contractor

Construction is big business in Florida, and contractors and developers are always hard at work fulfilling their customers' needs. Large projects often require multiple companies and services to complete, while renovations and single homes are often handled by a single contractor.

In all projects, contracts help bind the arrangements together in a legal setting. When they are properly executed, contracts help define the expectations of participants to a project and provide recourse if these expectations are not met.

Do you need an attorney at your closing?

Florida law does not require an attorney be present at a real estate closing, but there are definitely good reasons to have one. If you are purchasing commercial real estate property, it is doubtful you will want to "not" have a real estate attorney.

If you have ever been a part of a real estate closing, you know that there are numerous documents involved. For starters, just a few of those documents are a purchase and sale contract, a transfer deed, a Certificate of Non-Foreign Status and a closing statement.

AV LexisNexis Martindale Hubbell Peer review Rated for Ethical Standards and Legal Ability Super Lawyers The Florida Bar Board Certified Real Estate The Florida Bar Board Certified Taxi Law The Florida Bar Board Certified Wills, Trusts and Estates The Florida Bar Board Certified Civil Trial Florida Trend The Issues, People and Ideas that Define Florida Business