Real estate litigation resolves disputes over who owns, uses or must buy or sell property. In Florida that includes quiet title actions under chapter 65, partition between co owners under chapter 64, notices of lis pendens under section 48.23, adverse possession claims under sections 95.16 and 95.18, boundary disputes and breached purchase contracts.
Property disputes are personal and expensive. A title defect can stop a sale or refinance, co owners can disagree about whether to sell, and a buyer or seller can walk away from a contract at the worst moment. As part of our real estate law practice, our title and real estate litigation work covers the most common Florida property disputes, and we also look for ways to resolve them without a trial through negotiation, mediation or arbitration where appropriate.
Quiet title actions
A quiet title action asks the court to determine who holds title and to remove a "cloud," meaning a recorded document or claim that casts doubt on ownership. Florida's quiet title statute is chapter 65. Under section 65.061, any person or corporation claiming legal or equitable title to land may sue to quiet title, including an owner whose record title is defective or who holds a defective instrument. The complaint may be filed in any county where any part of the land is located, and the final judgment may be recorded so the public record reflects the result.
Common reasons for a quiet title action include a gap or error in the chain of title, a deed signed without the required witnesses, an old mortgage or lien that was paid but never released, a tax deed purchase, or competing claims from heirs. Many of these problems first appear during a sale, when the title commitment lists a requirement that cannot be met. Our real estate closings page explains how title commitments and Florida's deed requirements work.
Partition between co owners
When people own property together, such as siblings who inherited a house or business partners who bought a building, they do not always agree on what to do with it. Section 64.031 allows one or more joint tenants, tenants in common or coparceners to bring a partition action against the other owners. The court can divide the property or, where division is not practical, order a sale and divide the proceeds. A partition case often prompts a negotiated buyout before it reaches that point.
Notices of lis pendens
A notice of lis pendens tells the world that a lawsuit affects a specific property. Under section 48.23, it must be recorded in the official records of the county where the property is located. If the lawsuit is not founded on a duly recorded instrument or a construction lien, the notice generally expires one year after the action begins unless the court extends it for good cause, and the court may discharge it as it would dissolve an injunction. A lis pendens can block a sale or refinance, so whether you are recording one or facing one, it deserves prompt attention.
If a title problem or property dispute is holding you up, schedule a free consultation and bring the deed, title commitment or contract involved.
Adverse possession
Florida allows title to be acquired by adverse possession, but the requirements are demanding. Under section 95.16, a claim under color of title rests on a written instrument or judgment that purports to convey the property, followed by seven years of continued possession, such as cultivating or improving the land or protecting it with a substantial enclosure. Under section 95.18, a claim without color of title also requires seven years of actual continued possession, payment of all outstanding taxes and matured special improvement liens within one year of entering possession, filing a return with the property appraiser within 30 days after that payment, and paying taxes for the remaining years. These claims are often defended on the basis that one of those elements is missing. Our article on adverse possession in Florida covers both routes, the property appraiser return and owner protections in depth.
Boundary and encroachment disputes
A fence, driveway or structure built over a property line can lead to a boundary dispute between neighbors. These cases usually start with a current survey and a review of the deeds and recorded plats. Depending on the facts, they may be resolved by agreement and a recorded boundary line document, or by a lawsuit, which can include a quiet title claim. If a defendant is in actual possession of the disputed land, section 65.061 allows any party to demand a jury trial on that issue.
Purchase contract disputes
When a buyer or seller fails to close, the dispute usually centers on the contract: whether a deadline was met, whether a condition failed, who is entitled to the deposit, and whether the non breaching party can ask the court to order the sale to go forward through specific performance. A buyer seeking specific performance may record a notice of lis pendens, which section 48.23 specifically addresses. For disputes between businesses over property related contracts, our business litigation practice works alongside this one.
Title insurance claims
If you bought an owner's title policy, a title defect discovered after closing may be covered. Policies have their own notice requirements and exclusions, so we review the policy and the title history and help you present the claim before considering a lawsuit against anyone else.
How we approach a property dispute
- Gather the record. Deeds, title commitments, surveys, contracts and correspondence tell most of the story.
- Identify the remedy. Quiet title, partition, specific performance, damages or a negotiated agreement each fit different facts.
- Explore resolution. Many disputes settle once both sides see the record clearly, and mediation is often a practical step.
- Litigate when needed. If a case must go forward, we file in the right court and county and keep you informed at each stage.
Broward County property owners can meet with us at our Fort Lauderdale office. We do not predict outcomes, but we will explain your options and the steps involved before you decide anything.
