Real Estate Litigation

Florida land disputes are often complicated

Land disputes are one of many types of real estate matters that often lead to individuals having to resolve their differences in court. Riparian (water) use and ownership, easements and land boundary and title issues are some of the more common concerns that give way to lawsuits.

A riparian zone is one that is located nearby a wetlands area such as a stream or river. It’s very difficult to clearly define where the boundaries of your property begin and end because waterways such as these are ever-evolving. Erosion and sentiment build-up can distort property lines, making it difficult to determine ownership. Parties seeking docking rights often become involved in riparian use disputes.

Individuals who believe that they are entitled to use or cross another person’s land for a specific purpose may be deemed to have easement rights. This is perhaps the most common cause of land dispute litigation. Owners are most likely to take legal action against the non-owning party who maintains the easement. They often do so once the non-owner starts using the land for a new, unauthorized purpose from how it’s historically been used.

Land boundaries are another one of the more common reasons that parties become embroiled in real estate legal battles. Property lines aren’t variable. They’re intended to remain the same over time. If a plot of land was deeded over centuries ago, then those same boundaries that were drawn would still apply today. Dated or poorly written property records are often the reason two parties can’t agree on where boundaries lie and thus result in disputes.

Another commonly litigated real estate matter is land title issues. Many of the problems encountered as owners attempt to establishing boundaries also exist when they attempt to procure a clear title on it.

If a deed is poorly written and perhaps conveys more property than what belonged to the previous owner, then the new one may sue them. The same end result may occur if the documents that the title examiner uncovers inadequately reflect how the property has been passed down.

Florida real estate disputes are often complex. It’s important that the real estate litigation attorney that you speak with about your concerns has credibility, knowledge and experience. This will be key to helping you achieve a desirable outcome in your contentious legal matter here in Melbourne.

Published by
james

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