Property disputes can be complex and emotionally charged, often involving issues such as boundary disagreements, co-ownership conflicts, easements, title questions, and landlord-tenant controversies. In Florida, resolving these disputes effectively requires a strong understanding of state laws, procedural options, and practical legal remedies to protect property rights and investments.

Common Types of Property Disputes

• Boundary and property line disputes between neighbors

• Co-owner disagreements including partition actions when multiple parties hold title

• Disputes involving easements and access rights

• Homeowners’ association matters and condominium disputes

• Title conflicts and adverse possession claims

• Contractual conflicts related to real estate transactions

Florida Legal Framework for Property Disputes

Partition Actions (Chapter 64, Florida Statutes)

Florida law provides a statutory mechanism known as a partition action under Chapter 64, Florida Statutes, which allows co-owners who cannot agree on the management or disposition of jointly held real estate to seek court intervention. The court may order the property sold and fairly divide the proceeds among the owners, taking into account contributions toward taxes, maintenance, or improvements (Fla. Stat. § 64.01 et seq.).

Boundary Disputes and Ejectment (Fla. Stat. § 66.021)

Property owners with disputes over land boundaries or unauthorized occupation by neighbors may pursue ejectment claims. The law allows owners to file suit to restore possession when someone encroaches or unlawfully holds possession of property. Proper surveys and deeds play a critical role in establishing the correct boundaries and ownership rights.

Mediation and Alternative Dispute Resolution

Florida encourages resolving property disputes through mediation before litigation. Certain property disputes, especially those involving condominium associations (Fla. Stat. § 718.1255) and homeowners’ associations (Fla. Stat. § 720.311), require presuit mediation to reduce costs and delays. Courts often order mediation in other disputes as well to help preserve relationships and achieve mutually agreeable resolutions.

Relevant Florida Statutes

• Chapter 64, Fla. Stat. - Partition of Property

• Fla. Stat. § 66.021 - Ejectment

• Fla. Stat. § 718.1255 - Mediation for Condominium Disputes

• Fla. Stat. § 720.311 - Presuit Mediation for Homeowners' Association Disputes

• Fla. Stat. § 82.036 - Landlord and Unlawful Occupant Responsibility

Important Florida Cases

• Palm Beach Savings & Loan Ass’n v. Fishbein, 582 So. 2d 1257 (Fla. 1991) – Recognized specifics about property title disputes.

• In re Estate of Kucana, 939 So. 2d 1228 (Fla. 2d DCA 2006) – Addressed partition action procedures and co-ownership rights.

• City of Miami v. Chadee, 980 So. 2d 135 (Fla. 3d DCA 2008) – Established principles supporting mediation in property disputes.

• Gulf Coast Bank & Trust Co. v. PNC Bank, N.A., 83 So. 3d 882 (Fla. 2d DCA 2012) – Clarified application of lis pendens in real estate litigation.

How Our Firm Can Help

Our experienced Florida property law attorneys provide comprehensive legal services to resolve property disputes efficiently and with the best possible outcome. We guide clients through:

• Filing or defending partition actions

• Handling boundary and ejectment claims

• Advising on easement rights and title issues

• Representing clients in homeowners’ and condominium association disputes

• Negotiating settlements and conducting mediations

• Litigating in Florida courts when necessary

We strive to protect our clients’ real estate interests while minimizing costly and prolonged litigation.

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Contact Us for a Free Consultation

If you are facing a property dispute in Florida, do not wait to protect your rights. Contact our law firm today for a free consultation. Message us through our Contact page or call 833-918-1877 to speak directly with a knowledgeable attorney ready to assist you.