Florida Real Estate Law

Category: Florida Real Estate Law
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Florida Real Estate Law Defined

Florida real estate law simply governs all issues related to the use and ownership of Florida real property.  The actual transfer of ownership interests in real property is a formal process.  Florida real estate transactions seek to ensure that the interests in the property are properly transferred to the buyer and that any defects, judgments or liens that could affect the property are resolved prior to the transfer.  A common form for transferring real property is by way of a Florida Quit Claim Deed.  Caution should be taken in creating and recording a Florida Quit Claim Deed unless you know exactly what you are doing.

The ownership of property in a Florida condominium association is a unique form of real property ownership. For instance, a condominium owner only owns the interior space of the premises. The outside walls, roof, hallways and all other common elements are jointly shared with all the other condominium owners. There are unique challenges in the ownership and administration of condominiums and homeowner associations. From the members perspective, issues arise as to repairs for damages to the interior of units, violations of the rules by other members, and election matters for the board. For the association, frequent issues arise as to the payment of maintenance expenses, assessments, and the enforcement of rules. Additional concerns arise for associations that may need to revise and/or otherwise update their by-laws and rules.

Florida property disputes can arise over the use of land. Neighbors can become embroiled in property line disputes. Condominium or homeowner associations may seek to prevent its members from engaging in certain activities or altering the premises. Likewise, a city, county or the State may seek to prevent an owner from building, modifying or placing certain objects or things upon the property on the basis of an ordinance or zoning regulation.

Landlord-tenant matters involve the use and possession of land by a lease.  Florida Evictions are the legal process by which a landlord seeks possession of the property from the tenant. The most common reason for an eviction is the nonpayment of rent. However, a breach of a material condition of the lease can also be the basis for an eviction. Residential and commercial property are governed by different Florida laws and therefore different procedures apply.

Florida Real Estate Law Resources

Helpful legal resources for Florida Real Estate Law include Florida Real Estate Law Statutes for links to relevant Florida laws dealing with Florida real property in the State of Florida and Real Estate Law Research for general topics on real estate law.

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