It is often said that a person is the king of their own castle, which means that in their home, they are in charge. While this popular phrase is true to some extent, certain laws, restrictions, and ordinances can limit the rights that Florida property owners have to use their properties as they see fit. Restrictions to a property owner's rights can limit their use and enjoyment of their property and threaten its loss.
Even when property owners hold massive stretches of land, they will be forced to share boundaries with their neighbors. Property boundaries are the lines that separate parcels from each other and, when questions arise regarding where boundaries are located, Florida neighbors can face serious disputes.
Growth and the construction of new buildings are signs that communities are prospering and ready to thrive. All across Florida new housing developments, industrial parks, and commercial centers are popping up, giving individuals new choices for where to live, work, and shop. The developers behind these projects are at the forefront of building opportunities for those who are parts of their communities.
Two communities in Florida are dealing with a long-running real estate dispute that is dividing port commissioners and other local officials. Port Canaveral and Brevard County are engaged in a dispute over 9.6 acres of land, part of Jetty Park located in the town of Port Canaveral. The county leased the land to the port for 20 years beginning in 1995 for a nominal amount of $1 annually. After the lease expired in 2015, the parties have been unable to reach a new agreement for the future of the land to either renew the lease or for the county to sell the land to the port.
Few of the eminent domain suits filed on behalf of the proposed Sabal Trail pipeline are as egregious in their scope as that filed against one Florida property developer. One portion of the pipeline’s path seeks to cut directly through a proposed development of thousands of homes in Osceola County.
From its classic surf culture to its world-renowned NASCAR track, the Florida city of Daytona Beach has a truly unique vibe. Indeed, the city -- and much of Volusia County -- is well known for its unrestricted beach access, even allowing motorists to drive and park their vehicles right on the sandy coastline in some places.
The Florida city of Palm Beach Gardens apparently has some special perception of the image it wants to portray. It has gotten involved in a lease dispute between a mall owner and a mall tenant in which the city is supporting the mall's position that the types of stores in the mall must present a certain image of luxury and expensive taste. The posh Gardens Mall is currently in a dispute with an anchor tenant, Sears, regarding the right of Sears to sublet second-floor space to Dick's Sporting Goods.
In law school, students are taught to think of ownership over a piece of property to be like a bundle of sticks. Each stick in the bundle represents a particular right. Many people think of owning real estate to be an all-or-nothing proposition -- either you own it or you don’t. In fact, it is possible to own property while having limitations on your ability to do whatever you want on that piece of land.
While the majority of real estate disputes fail to generate many headlines, there is currently one brewing in the state of California that has piqued the curiosity of people across the nation and even around the world.