Case Law

The primary purpose of Florida’s Marketable Record Title Act (“MRTA”) is to extinguish title claims that predate the root of title. MRTA eliminates ancient claims and defects in title and, as the Act’s title indicates, promotes the marketability of title (i.e., title that is free of stale claims, defects, and adverse interests). The “root of

We are all familiar with the Florida constitutional homestead protection against the forced sale of real property. Pursuant to Article X, Section 4, of the Florida Constitution, a natural person can claim a homestead exemption from forced sale on 160 acres of land if located outside a municipality, and one-half acre of land if located

The Federal Fair Housing Act (42 U.S.C Section 3604) (“FHA”) prohibits discrimination against persons with handicaps. The Florida Civil Rights Act contains similar provisions (F.S. Section 760.23). One provision of the FHA prohibits discrimination in connection with the design and construction of dwellings (42 U.S.C. Section 3604(f)(3)(C)). Applicable dwellings must be readily accessible to and

What remedies does a unit owner have if the condominium association fails to collect assessments and pay the bills? Perhaps the owner could sue each director for breach for fiduciary duty or sue the association to compel it to comply with its duties under the governing documents and Chapter 718. Another remedy might be the

When a person buys a new home, the contract for sale and purchase with the developer typically contains construction warranties for the major structural components of the home. If the home is located in a subdivision, the developer also usually constructs and installs essential subdivision infrastructure to make the home habitable, such as roads for

The Florida Rules of Appellate Procedure designate all post-final judgment orders as “non-final” orders for purposes of an appeal. The Florida Rules of Civil Procedure only authorize motions for rehearing of “final orders”. Can a post-final judgment order  simultaneously be a “final order” under the Rules of Civil procedure so that the trial court can

In a residential development governed by a homeowner’s association, it is common for the declaration of covenants and restrictions to require lot owners to properly maintain their lots in good condition. Typically, the association will periodically inspect the lots, and if a lot is not in compliance, it will send a written notice of violation

Florida’s Marketable Record Title Act (“MRTA”), codified in Chapter 712 of the Florida Statutes, eliminates stale claims which may encumber title to land. Unless an interest in the land is properly preserved in the chain of title, or there is a MRTA exception, generally speaking, the interest in land created by a deed or other

In Florida, common law marriages are not recognized. But can a court award one party in a cohabitation relationship an interest in the other person’s solely owned real estate after the relationship turns sour? Under certain circumstances, a court can impose a constructive trust to do equity between unmarried cohabitants. But the burden of proof

Florida’s recording act, codified in Chapter 695 of the Florida Statutes, generally grants priority to an interest in real property based upon when the instrument creating that interest has been recorded. First in time is first in right. However, there is an exception to this priority scheme:  when the person who records first had knowledge