Homeowners Win Appeal of Dock Easement in Florida’s 2nd DCA: November 6, 2015 Summary Judgment Reversed

Uncategorized • Dec 7, 2015

Florida probate lawyers know that there is often a lot of homestead litigation in and out of probate court. People fighting over who inherits mom or dad’s house in Boca Raton or ranch in Jupiter. But many times, estate lawyers deal with real estate and people making claims to real estate. When they go to sell Florida real estate, you have to give good, clear, “clean” record title. And that’s where a title company can find encroachments or easements which affect title. Many times, for Florida real estate litigation, people turn to commercial litigation law firms. However, probate litigators Palm Beach seem to have their fair share of real estate litigation. If you are involved in real estate or investment litigation, particularly one involving an easement, you will want to read this November 6, 2015 2nd DCA appellate opinion. Also, if you are involved in probate litigation, and this recent case is not a probate case, but there was a motion for summary judgment filed against you, you should also bring this case to the attention of your estate lawyers. This was a summary judgment case which was granted at the trial level, andreversed on appeal. Here is a copy of the 2nd DCA opinion on this dock easement caseHagelin v. US Funding Group, LLC, 40 Fla. L. Weekly D 2517: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2006,%202015/2D14-2871.pdf

How Can Someone Use My Real Estate Without My Permission?

Easements are often the subject of a lot of litigation in Florida, and they keep commercial litigators Florida very busy
Recently, we commented on a prescriptive easement case out of Florida’s 5th DCA,which you can read at this link: http://www.5dca.org/Opinions/Opin2015/110215/5D14-3564.op.pdf
That case deal with a real estate investment and a traffic easement, and whether the use of another’s property was “adverse” or not
Many real estate litigators Florida know that adverse possession and prescriptive easements can be very simple, or complex, requiring warring parties to go to trial
In this 2nd DCA case, the appellate court dealt with an easement to use, or not use, someone’s dock
In Florida the use of a dock, or even having a dock, can make your home very valuable
Easements are typically “of record“, must be written, and filed in the county where the real estate is located, unless the easement is created by conduct, waiver or consent without a writing
Now, what you should know about this case from a summary judgment Florida perspective, as that most judges will tell you that summary judgment is just about the most appealed, and overturned, decision a trial judge can make
Indeed, in this real estate easement case, the summary judgment was overturned by the appellate court, requiring more work for the real estate lawsuit lawyers
Read this recent easement litigation case to learn more about summary judgment, why it was granted at the trial court, but reversed on appeal, and also, what makes or constitutes an easement
How do you know if an easement, or a supposed easement, is valid under Florida real estate law?

What Else Do I Need to Know About Florida Easement Law or Real Estate Litigation?

Let’s face it, with simple easements, it’s tough for a good commercial litigation lawyer Florida to take your case on a contingency fee
But with the new change to the Florida Homestead laws, and the right of the widow to elect to take a share of the sale proceeds, now probate lawyers Palm Beach are more apt to take your homestead lawsuit on a contingency fee
If you want your business litigation law firm to take your case on a contingency fee, look for a confident, experienced law firm
Regardless, if you want to learn more about easements, including a prescriptive easement, you might read this recent Florida real estate investment case: 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