When purchasing property, it is likely that one of the documents you come across will be the plat of the property that you’ve purchased. Plats are useful tools in land planning and have been used to map and describe land and everything located on that land including lots, roads, and property boundaries. Understanding what a plat is can be helpful when you are purchasing real property that is subject to a plat.
With a new year came a new change to the Florida notary statute. Beginning on January 1, 2020, remote online notarization procedures are now authorized for real estate closing documents and other documents that require a notary acknowledgment. Previously, a notary and a person signing a document requiring a notary acknowledgment had to be in […]
When purchasing a home, many legal issues can arise. Hiring an experienced real estate lawyer who is trained to handle the purchase and sale of real property is helpful to navigate the process.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2020-01-23 14:49:462020-01-23 14:49:47The Benefits of Hiring an Attorney When Purchasing a Home
When purchasing real property in Florida, people will often tell you to make sure that you get “clear title” or “good title” to the property. That sounds like good advice, but what does it really mean?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Mike Workmanhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngMike Workman2019-12-02 07:00:212019-11-26 08:16:06I CAN SEE CLEARLY NOW, IT’S NOT CLOUDY
For first time homebuyers, or even experienced homebuyers, there are many different aspects of a real estate transaction that seem confusing. One of the most confusing areas can be understanding the different types of deeds.
When purchasing residential real property, purchasers and sellers should consider warranties that the seller will provide to the purchaser. Typically, warranties are expressly stated in the contract the purchaser and seller negotiate. However, new home builders who sell residential real property provide certain minimum warranties to the purchaser, regardless of whether or not those warranties are included in the contract.
When borrowing money to acquire or refinance real property in Florida, the lender will prepare an entire loan package for you to sign at closing. The two main documents in the loan package are the promissory note and the mortgage.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Mike Workmanhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngMike Workman2019-10-04 07:00:362019-10-15 08:33:03Borrowing Money Secured by Real Estate
By: Kyle H. Jensen A person interested in purchasing real property should always determine whether any easements burden or benefit the real property and the impact such easements have on the real property. An easement is a right held by a person to use another person’s real property, or portion thereof. Generally, easements provide non-owners […]
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Kyle Jensenhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKyle Jensen2019-07-11 07:00:082019-07-10 16:20:15The Impact of Easements on Real Property
How does government acquire the land it uses to install utilities or construct new roads? It exercises an authority that is called eminent domain. Eminent domain allows the government to take private property if it is for a “public use.” The phrase “public use” is contentious since, depending on who is defining it, could greatly limit or increase the government’s authority to take private property. This article gives some background on what eminent domain is, and how property owners can either fight it or at least be fully compensated for it.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2019-03-21 07:00:152019-03-20 09:09:31Eminent Domain and Just Compensation
There are many avenues that property owners could travel to get around certain restrictions that local governments impose upon property throughout their jurisdiction. Sometimes local governments will restrict, for example, how high buildings can be built, or how property can be used.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2019-01-24 07:00:442019-09-25 09:21:26Distinguishing Variances and Special Exceptions
Historically, when real property was being bought and sold the doctrine of caveat emptor or “let the buyer beware” controlled. Under this doctrine, it was the buyer’s sole responsibility to determine if any defects were affecting the property and the seller had no obligation to bring such defects to the buyer’s attention.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2018-11-01 09:57:022018-12-31 10:26:22Defect Disclosure Requirements for a Residential Sale
There are many issues a buyer must consider and pitfalls a buyer must avoid when purchasing real property, regardless of whether the buyer is acquiring a large commercial center or the buyer’s first home. Accordingly, an experienced buyer will thoroughly investigate prospective real property to determine whether such real property is suitable for the buyer’s intended purposes. One of the most important steps buyers often take when investigating real property is to obtain a survey.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Kyle Jensenhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngKyle Jensen2018-08-23 08:00:222018-08-21 16:31:35To Survey or Not To Survey
One of the most important events a homeowners association will face is its “turnover” or “transition” from the developer of the community to the unit owners. Despite the importance of a turnover, what I’ve found is that many unit owners are unaware of the basics surrounding a homeowners association’s transition.
One of the most common challenges for community associations is how to effectively enforce association rules against residents who repeatedly violate them.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2018-05-31 07:00:482018-05-30 08:32:02Enforcing community association rules by imposing fines.
On March 23, 2018, Governor Rick Scott signed House Bill 841 into law. House Bill 841, which shall take effect on July 1, 2018, makes numerous alterations to a number of statutes regulating certain community associations
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2018-04-19 07:00:492018-04-18 15:20:40Wrap-Up of 2018 Legislative Changes for Community Associations
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2018-03-08 07:00:162018-03-07 11:52:05What happens when nobody wants to serve on an association’s board of directors?
Q: A few years ago my neighbor put up a fence, and I think it encroaches onto my property by a few inches. Does my neighbor have a claim for adverse possession for part of my land?
Some of the most frequent questions I face in my representation of homeowner’s associations, or “HOA’s”, relate to whether a gathering of directors is considered a “Board meeting” that must comply with the formalities outlined in Chapter 720, Florida Statutes.
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2017-11-30 07:00:362017-11-29 08:55:15When does a gathering of directors result in a homeowner’s association Board meeting?
Q: I was thinking about hiring a contractor to do some work on my house, but I’ve heard horror stories about unlicensed contractors doing shoddy work and running off before the work is finished. What can I do to protect myself?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2017-11-02 07:00:532018-01-05 13:00:31Know Your Contractor Before You Hire
As relief efforts remain ongoing, it is evident that hurricane Irma has had a very drastic effect on our local community, with one of the largest impacts being the massive amount of downed trees and vegetation that have been strewn across our community
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2017-10-05 07:00:042017-10-04 09:08:47POST-HURRICANE ADVICE ON TREE LIABILITY IN FLORIDA
By: Dan Rich, Esq. Clark, Campbell, Lancaster & Munson, P.A. Few things generate more animosity and drama within a homeowners association, or HOA, than contested board of director elections. This tension may result in residents seeking legal action against the HOA in the form of an election contest. Sadly, most HOA residents have zero clue […]
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2017-06-14 11:21:462017-06-14 11:21:46Dissension in the Ranks: The Basics Surrounding HOA Election Challenges
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350Dan Richhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngDan Rich2016-11-17 15:45:542016-12-06 15:57:01Common Areas and the Role That Your Association Can Play in Prohibiting Guest Access
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2016-07-14 07:00:122016-09-23 10:23:53HOA Assessments when HOA Forecloses
Q: Is it important for homeowners associations to consistently enforce restrictive covenants and association bylaws and rules, especially when such covenants or rules are no longer desirable?
https://www.lakelandlaw.com/wp-content/uploads/2015/10/realestate-category-icons-02.jpg350350CCLM Lawhttps://www.lakelandlaw.com/wp-content/uploads/2022/02/lakelandlaw-logo.pngCCLM Law2015-11-05 12:07:262018-01-05 13:06:47What is a Land Trust
Q: When closing on my home, I do not want to feel forced to sign documents without time to review and ask questions. Are there consumer protections for these transactions?
The Basics of Platting Property
/in Real Estate Law /by CCLM LawWhen purchasing property, it is likely that one of the documents you come across will be the plat of the property that you’ve purchased. Plats are useful tools in land planning and have been used to map and describe land and everything located on that land including lots, roads, and property boundaries. Understanding what a plat is can be helpful when you are purchasing real property that is subject to a plat.
Remote Online Notarization
/in Real Estate Law /by Mike WorkmanWith a new year came a new change to the Florida notary statute. Beginning on January 1, 2020, remote online notarization procedures are now authorized for real estate closing documents and other documents that require a notary acknowledgment. Previously, a notary and a person signing a document requiring a notary acknowledgment had to be in […]
The Benefits of Hiring an Attorney When Purchasing a Home
/in Real Estate Law /by CCLM LawWhen purchasing a home, many legal issues can arise. Hiring an experienced real estate lawyer who is trained to handle the purchase and sale of real property is helpful to navigate the process.
I CAN SEE CLEARLY NOW, IT’S NOT CLOUDY
/in Real Estate Law /by Mike WorkmanWhen purchasing real property in Florida, people will often tell you to make sure that you get “clear title” or “good title” to the property. That sounds like good advice, but what does it really mean?
Understanding Deeds
/in Real Estate Law /by CCLM LawFor first time homebuyers, or even experienced homebuyers, there are many different aspects of a real estate transaction that seem confusing. One of the most confusing areas can be understanding the different types of deeds.
Implied Warranties When Selling Residential Real Property
/in Real Estate Law /by CCLM LawWhen purchasing residential real property, purchasers and sellers should consider warranties that the seller will provide to the purchaser. Typically, warranties are expressly stated in the contract the purchaser and seller negotiate. However, new home builders who sell residential real property provide certain minimum warranties to the purchaser, regardless of whether or not those warranties are included in the contract.
Borrowing Money Secured by Real Estate
/in Real Estate Law /by Mike WorkmanWhen borrowing money to acquire or refinance real property in Florida, the lender will prepare an entire loan package for you to sign at closing. The two main documents in the loan package are the promissory note and the mortgage.
The Impact of Easements on Real Property
/in Blog, Real Estate Law /by Kyle JensenBy: Kyle H. Jensen A person interested in purchasing real property should always determine whether any easements burden or benefit the real property and the impact such easements have on the real property. An easement is a right held by a person to use another person’s real property, or portion thereof. Generally, easements provide non-owners […]
Eminent Domain and Just Compensation
/in Blog, Real Estate Law /by CCLM LawHow does government acquire the land it uses to install utilities or construct new roads? It exercises an authority that is called eminent domain. Eminent domain allows the government to take private property if it is for a “public use.” The phrase “public use” is contentious since, depending on who is defining it, could greatly limit or increase the government’s authority to take private property. This article gives some background on what eminent domain is, and how property owners can either fight it or at least be fully compensated for it.
Distinguishing Variances and Special Exceptions
/in Blog, Real Estate Law /by CCLM LawThere are many avenues that property owners could travel to get around certain restrictions that local governments impose upon property throughout their jurisdiction. Sometimes local governments will restrict, for example, how high buildings can be built, or how property can be used.
Defect Disclosure Requirements for a Residential Sale
/in Blog, Real Estate Law /by CCLM LawHistorically, when real property was being bought and sold the doctrine of caveat emptor or “let the buyer beware” controlled. Under this doctrine, it was the buyer’s sole responsibility to determine if any defects were affecting the property and the seller had no obligation to bring such defects to the buyer’s attention.
To Survey or Not To Survey
/in Blog, Real Estate Law /by Kyle JensenThere are many issues a buyer must consider and pitfalls a buyer must avoid when purchasing real property, regardless of whether the buyer is acquiring a large commercial center or the buyer’s first home. Accordingly, an experienced buyer will thoroughly investigate prospective real property to determine whether such real property is suitable for the buyer’s intended purposes. One of the most important steps buyers often take when investigating real property is to obtain a survey.
The Basics Surrounding Homeowners Association Turnovers.
/in Blog, Real Estate Law /by Dan RichOne of the most important events a homeowners association will face is its “turnover” or “transition” from the developer of the community to the unit owners. Despite the importance of a turnover, what I’ve found is that many unit owners are unaware of the basics surrounding a homeowners association’s transition.
Enforcing community association rules by imposing fines.
/in Blog, Real Estate Law /by Dan RichOne of the most common challenges for community associations is how to effectively enforce association rules against residents who repeatedly violate them.
Wrap-Up of 2018 Legislative Changes for Community Associations
/in Blog, Real Estate Law /by Dan RichOn March 23, 2018, Governor Rick Scott signed House Bill 841 into law. House Bill 841, which shall take effect on July 1, 2018, makes numerous alterations to a number of statutes regulating certain community associations
What happens when nobody wants to serve on an association’s board of directors?
/in Blog, Real Estate Law /by Dan RichWhat happens when nobody wants to serve on an association’s board of directors?
Adverse Possession & Squatter’s Rights
/in Blog, Real Estate Law /by CCLM LawQ: A few years ago my neighbor put up a fence, and I think it encroaches onto my property by a few inches. Does my neighbor have a claim for adverse possession for part of my land?
When does a gathering of directors result in a homeowner’s association Board meeting?
/in Blog, Real Estate Law /by Dan RichSome of the most frequent questions I face in my representation of homeowner’s associations, or “HOA’s”, relate to whether a gathering of directors is considered a “Board meeting” that must comply with the formalities outlined in Chapter 720, Florida Statutes.
Know Your Contractor Before You Hire
/in Blog, Real Estate Law /by CCLM LawQ: I was thinking about hiring a contractor to do some work on my house, but I’ve heard horror stories about unlicensed contractors doing shoddy work and running off before the work is finished. What can I do to protect myself?
POST-HURRICANE ADVICE ON TREE LIABILITY IN FLORIDA
/in Blog, Real Estate Law /by Dan RichAs relief efforts remain ongoing, it is evident that hurricane Irma has had a very drastic effect on our local community, with one of the largest impacts being the massive amount of downed trees and vegetation that have been strewn across our community
Dissension in the Ranks: The Basics Surrounding HOA Election Challenges
/in Blog, Real Estate Law /by Dan RichBy: Dan Rich, Esq. Clark, Campbell, Lancaster & Munson, P.A. Few things generate more animosity and drama within a homeowners association, or HOA, than contested board of director elections. This tension may result in residents seeking legal action against the HOA in the form of an election contest. Sadly, most HOA residents have zero clue […]
Code Enforcement Liens
/in Blog, Real Estate Law /by CCLM LawQ: A code inspector recently notified me about a code violation concerning my property. What is the process of enforcing a code violation?
Common Areas and the Role That Your Association Can Play in Prohibiting Guest Access
/in Blog, Real Estate Law /by Dan RichQ: Can my homeowners’ association prohibit guests from using the clubhouse or swimming pool?
HOA Assessments when HOA Forecloses
/in Blog, Real Estate Law /by CCLM LawQ: Can a homeowner’s association foreclose on me even when I have a mortgage?
99-Year Leases and Property Tax
/in Blog, Real Estate Law /by CCLM LawQ: When does a tenant become an owner for tax purposes?
Radon
/in Blog, Real Estate Law /by CCLM LawQ: What is radon, and how can it affect my property?
HOA Political Signs
/in Blog, Real Estate Law /by Dan RichQ: Can a homeowners association prohibit the display of political yard signs?
Lost Mortgage Docs
/in Real Estate Law /by CCLM LawQ: What happens if the lender trying to foreclose cannot produce the original loan documents?
Foreign Investment in Real Property Tax Act
/in Blog, Real Estate Law /by CCLM LawQ: I am interested in purchasing property owned by a foreign person. What do I need to know?
Construction Defects Damage
/in Blog, Real Estate Law /by CCLM LawQ: How much can I recover from construction defects in my home?
Selective Enforcement
/in Blog, Real Estate Law /by CCLM LawQ: Is it important for homeowners associations to consistently enforce restrictive covenants and association bylaws and rules, especially when such covenants or rules are no longer desirable?
What is a Land Trust
/in Blog, Real Estate Law /by CCLM LawQ: Should I use a land trust when purchasing property?
Protecting Tenants at Foreclosure
/in Blog, Real Estate Law /by CCLM LawQ: Are tenants protected at foreclosure?
Title Insurance – Part 2
/in Blog, Real Estate Law /by CCLM LawQ: What is title insurance, and do I need to purchase it when buying a home?
Integrated Disclosure Rule
/in Blog, Real Estate Law /by CCLM LawQ: When closing on my home, I do not want to feel forced to sign documents without time to review and ask questions. Are there consumer protections for these transactions?
Toolbox Grows for HOAs with Delinquent Owners
/in Blog, Real Estate Law /by CCLM LawQ: How can homeowners’ associations collect assessments while awaiting a first mortgage holder foreclosure?