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Orlando Real Estate Law Blog

Millennials are breaking into the Florida housing market

Buying a home is a big undertaking at any age. It can take years for an Orlando resident to become financially stable and be able to commit to the long-term payment of a home loan. From saving for a down payment to finding an affordable residence that meets one's needs, a person can spend a lot of time planning their residential real estate purchase.

Though some people wait until they are older to buy homes, a new trend is emerging across Florida. More and more individuals of the Millennial generation are making home purchases and investing in their own properties. Though some debate exists regarding the definite definition of a millennial, individuals in this demographic are generally those who were born in the 1980s on through the mid-1990s.

What is a partial taking by the government?

When it comes to eminent domain law, many of the terms and jargon are confusing. You need to understand your rights so you know what the government can and cannot do when it tries to take your property. One of those confusing terms is “partial taking.” Just what is it and what are your rights if the government plans a partial taking of your property?

What is an implied easement?

Not long ago this blog discussed the topic of express easements. Express easements are just one type of easement that property owners may have to recognize on their land and this post will address how implied easements may be formed and recognized under the law. While this post does provide information to its readers, it should not be read as legal advice or counsel.

An express easement is created by title or deed in an official capacity, while an implied easement may be created by necessity or use. Implied easements often come into being when large tracts of land are divided up into smaller parcels for sale or separate use. For example, a large piece of land on a lake may be divided into two lots with only one having access to the water; an implied easement may exist to allow the owners of the inner lot to get to the lake.

What is just compensation in an eminent domain case?

Eminent domain is a legal process wherein the government takes the private land of an individual for public use and provides that individual with just compensation. For a person who loses their home or the property that they have worked hard to develop through eminent domain, no amount of compensation may seem just. In Florida and jurisdictions throughout the nation, just compensation is often based on the value of the property at the time of the taking.

Determining a property's value is often established through the valuation process. Valuation is done by determining what a property would be worth if it were sold. There is more than one way to value property and this post will discuss a few of those methods.

Contracts and the transfer of residential real estate

Contracts put into words the agreements that Florida residents make in many different areas of their lives. They may sign contracts when they accept new employment, and they may execute contracts when they hire contractors to do work on their homes. Contracts may be used when children are put into day care, when vehicles are bought, and when business entities agree to work together. Contracts are everywhere, including the real estate world.

When an Orlando resident decides they want to buy a home, they should be prepared to make an offer on the property they desire. An offer is a statement of how much a person is willing to put forth to get, in return, a desired good or service. In the case of a home purchase, an offer will generally be for a dollar amount, and, in exchange for that sum, the offeror will be given the title to the house.

Confident representation for commercial real estate disputes

Owning a commercial property can be a lucrative endeavor for a Florida resident. When a commercial property is rented to capacity, its owner may enjoy significant rental income for the term of their standing leases. However, getting commercial space rented and finding tenants who will abide by the terms of their leases can be a hard process to complete.

Readers who have allowed others to use their properties as rental spaces know that there is no guarantee that their properties will be treated with respect and care. A property owner may find during the term of a lease or after it has completed that a commercial tenant caused major structural damage to the space. While the commercial rental agreement that governed their relationship with the tenant should offer guidance on how such problems may be remedied, holding a tenant accountable for the harm they cause can be a difficult process to undertake.

What is a variance?

Zoning is a topic that can frustrate those who work in the real estate field. While it is intended to provide land owners with the consistent use of similarly situated properties, zoning can thwart development and render parcels unusable by owners whose plans do not conform to the regulations that attach to them. Florida residents who are not willing to give up on using their land for purposes that fall outside their zoning plans may wish to learn more about variances.

A variance does not change the zoning of a parcel. Instead, it allows a land owner to use their parcel in a way that is otherwise not permitted in its zoning designation. Getting a variance can be a difficult process, and, for some, may require the support of a real estate attorney.

What if I refuse to sell my property to the government?

As a property owner, you dutifully paid your taxes and obeyed local and state laws. You never expected that the state of Florida would claim your building through eminent domain. But now, your private property is facing condemnation. You feel powerless, angry and overwhelmed by this turn of events.

By law, the state must pay you fair compensation. But you do not want to sell it. What will happen if you refuse to relinquish your property to the government?

Property disclosures and the sale of a home

Florida residents may learn to live with some of the idiosyncrasies of their homes. An individual may know where their floors squeak or which drawers stick when they try to pull them out. Because they become accustomed to their homes' quirks, they may learn to live with issues that could otherwise be repaired. When it comes time to sell their homes, however, they may have to disclose the problems they have put up with to their prospective buyers.

Property disclosures concern issues with a home that may affect its value. For example, a single kitchen drawer that sometimes sticks may not be significant enough to require a disclosure. A leaking roof or other significant problem, however, may require a disclosure.

Orlando shopping center tenants have more time to move

Having one's home taken through eminent domain can impose a significant upheaval in the life of a Florida family. However, the challenges of vacating a property and finding a new place to live can be just as hard for commercial businesses. In Orlando, around two dozen businesses will have to find new places to operate due to a taking of the Crossroads of Lake Buena Vista retail center.

The state will be claiming the 29 acre property to perform expansions and improvements to the Interstate 4 corridor through the area. Congestion in the Disney World area formed the basis of the state's argument for the taking, and, recently, the businesses affected by the eminent domain action believed they had only until the end of 2019 to move. An extension of an additional 18 months gives them more than two years to find new spaces for their operations.

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