RPReal Property

Title is the quietest thing in a transaction until it is the only thing that matters.

The approach

What this department is, and who calls on it.

Real Property runs from a residential closing to a quiet title action: purchase and sale on both the residential and commercial side, leasing and landlord-tenant, land use and zoning, development, construction, and the litigation that follows when any of those go wrong.

The department stays with a matter when it turns contentious. Landlord-tenant work does not migrate to a litigation group when an eviction is filed, and a construction defect does not change hands because a lien was recorded. The lawyer who papered it is the lawyer who argues it, which tends to concentrate the mind at the drafting stage.

Major areas within the department

12 areas within the department.

Purchase, Sale & Leasing

Contract review and closings on both the residential and commercial side, and the leases that govern a property once it is bought, built or let.

Residential Purchase/SaleCommercial Purchase/SaleLeasing
Landlord-Tenant

Evictions, possession and lease enforcement — for owners and tenants alike.

Landlord-Tenant
Land Use, Zoning & Development

The administrative approvals — zoning, variances, subdivision — that a project needs before the first permit is pulled.

Land Use & ZoningDevelopment
Construction & Title

Defects, liens and payment disputes on a construction project, and the title and boundary problems that surface once a sale or a project is underway.

Construction LawTitle DisputesBoundary/Easement Disputes
Property Litigation & Government

Quiet title, partition and specific-performance actions; association governance disputes; and eminent domain matters against a condemning authority.

Real Property LitigationHOA/Condo AssociationEminent Domain/Inverse Condemnation

From the journal

Writing that touches this department.

Resources

If you are looking into this on your own.

Florida Landlord and Tenant Act — Fla. Stat. ch. 83
Marketable Record Title Act — Fla. Stat. ch. 712

Representative matters

A sample of the work.

Details are altered to preserve confidentiality.

01Quiet title action resolving a cloud created by an improperly executed deed two owners back
02Commercial acquisition of a mixed-use parcel, with zoning due diligence and a variance application
03Construction defect claim against a general contractor, with lien and payment issues running in parallel
04Homestead determination where the residence had been retitled into a revocable trust

Questions

What clients actually ask.

Do I need a lawyer for a residential closing?

Florida does not require one. Whether you want one depends on what is unusual about the property, the title, or the person on the other side of the table.

How long does an eviction take?

Uncontested, two to four weeks from service. Contested, considerably longer — and the defences raised are more often about habitability than about rent.

Can a neighbour acquire part of my land?

Through adverse possession or a prescriptive easement, yes. Both turn on facts established over years, which is why boundary disputes reward early attention and punish patience.

Related

Matters rarely arrive alone.

Discuss a real property matter.

The first conversation costs nothing, and commits you to nothing.