Florida LLC Real Estate Easement Case Goes Back to Trial Court

What in the world does a probate litigation lawyer Florida need to know about  real estate easements and rights of way and prescriptive easements Florida for, anyway? Well, many Palm Beach estates have interests in real estate such as vacant land or lots and lands.  Estate lawyers Palm Beach may also have an interest in a Florida limited liability company to deal with. And that Florida LLC may be in the middle of commercial litigation; and if the LLC owns real estate, there may be a boundary dispute.  Who has the right to use your land and can someone actually take your land or your right to use that land?  Everyone seems to know about adverse possession, but what about prescriptive easements?  Florida probate litigation lawyers need to convey clear title when they settle a case, or when they have to sell a piece of realty that was the subject of litigation, or where a lis pendens Florida may be filed. So, if you are an investor or partner in a partnership or a limited liability company, and you own real estate, you may want your business litigation law firm West Palm Beach to read this November 6, 2015 5th DCA case, 5730 Lake Underhill, LLC v. Smith-Horner LLP, 40 Fla. L. Weekly D 2498:http://www.5dca.org/Opinions/Opin2015/110215/5D14-3564.op.pdf

Commercial Litigation Over Real Estate and Businesses Florida

• This 5th DCA case was not a probate case but dealt with whether the right to use property was adverse or not
• If you give someone the right to use your property, that’s one thing
• If someone, on their own, starts using your property, that’s an entirely different story
• If someone starts, say, parking cars on your land, do you know how to protect yourself?
• Before you call your commercial litigation law firm West Palm Beach, consider this
• What if someone owns a business and their customers start driving their cars over your property?
• Can that use of your land give them a right to use your land if you don’t object to that use?
• Do you know how to avoid a prescriptive easement from being created in Florida?
• You may want to read this LLC litigation case about prescriptive easements:http://www.5dca.org/Opinions/Opin2015/110215/5D14-3564.op.pdf
• If you inherit real estate, do you know what questions you should ask the probate lawyers Florida; and do you know what to do to protect yourself if there is a homestead petition?
• Real estate issues can be tricky stuff in Florida, but the real estate or the rights to usecertain real estate such as easements or air rights or development rights, can be very, very valuable
• So valuable that your commercial litigator Florida or your probate lawyer Palm Beach may take your lawsuit on a contingency fee