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Cattle Grazing Leases: Key Considerations for Real Estate Developers

Real estate developers in Florida are buying and improving rural land at a record pace. In many cases, this land has been devoted to purposes which resulted in the land being categorized as agricultural for real estate tax...more

Outdoor Advertising: How Billboard Landlords Can Protect Their Property and Their Profits

Billboards are ubiquitous in the landscape along major Florida thoroughfares, at times seemingly blending into their surroundings. They dot (some would say mar) the landscape on farms and ranches along interstates and on...more

Critical Elements of Tenant Estoppel Letters

If you are an investor buying a leased property, you are undoubtedly looking to the rental income as the return on your investment, in addition to the appreciation in the value of the property that is likely to occur over...more

Submerged Land Leases

The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the Board of Trustees) is vested with title to all land lying under navigable waters within the State of Florida, which land is known as...more

Property Buyer Beware: Avoid Costly Tax Liabilities with a Sales Tax Clearance Letter

Florida imposes sales tax on rent payable under commercial leases. The rate imposed by the state is 5.5%, but local governments have the right to impose a surtax which varies based on the jurisdiction....more

Issues for Buyers to Address When Allowing Sellers to Remain on Property after Closing

The central Florida housing market is still going strong at the moment, with the result that developers are continuing to create new residential subdivisions in traditionally rural areas.  Much of this rural land is comprised...more

Selecting a Property Manager

Property managers play a significant role in commercial real estate operations. With thousands of property managers to choose from, finding a suitable one may be daunting. This article addresses some of the factors to...more

Residential Leasing Made Simple?

Many investors who own and rent out single-family homes struggle with the selection of a form of residential lease to use, especially when starting their investment portfolio....more

Automatic Subordination Clauses

Most Leases contain what are called automatic subordination clauses, pursuant to which the Tenant agrees that the Lease is subordinate to any Mortgages granted by the Landlord, whether they are already in existence when the...more

The Risks Of Unnecessary Fla. Property Improvement Notices

There’s no doubt about it, the U.S. real estate market is strong. With low interest rates and low unemployment rates, it is not surprising that the National Association of Realtors included parts of Florida among the top 10...more

Rent Loss vs. Business Interruption Insurance

Landlords and Tenants sometimes confuse these two terms, which have totally different meanings but apply to similar situations.  Each can cover circumstances where a casualty or other unforeseen event occurs which disrupts a...more

There Ain’t No Such Thing as Free Rent

Commercial tenants sometimes bargain for “free rent” periods from landlords as part of the lease negotiation process, and both tenants and landlords may view free rent periods as a “concession” by the landlord in lease...more

Buying Property From a Seller Who Doesn’t Own it Yet

The Central Florida real estate market is still relatively strong. As a result, some speculators have been placing single and multiple properties under contract for purchase, only to offer to sell the property that they don’t...more

Self-Insurance Means No Insurance

It is not unusual for Tenants, especially larger ones, to negotiate for so-called “self-insurance” in their Leases. This concept can be applied to any form of insurance that a Landlord may require from a Tenant, except for...more

Regulation of Drones by Homeowners’ Associations

The use of unmanned aircraft systems, typically called drones, is becoming increasingly common as technology has made them smaller and cheaper. ...more

Protecting Yourself Against Lien Claims

If you are a commercial Landlord or property manager, hopefully you are taking advantage of a Florida statute that allows you to limit the Landlord’s liability for lien claims resulting from work performed by your Tenants’...more

Be Wary of Utility Company Easement Forms

A utility company that provides service to an owner’s property usually requests the owner to sign a standard form of easement that is intended to allow the utility company to enter onto owner’s property in order to install...more

Bears in the Breezeways? Apartment Project Owners and Managers Could Be Liable for Bear Attacks

The Florida Fish and Wildlife Conservation Commission (FWC) receives numerous telephone calls each year reporting black bear sightings significant enough to prompt safety concerns. Since 2013, there have been several...more

Osceola County Proposes Development Moratorium of Three to Six Months to Implement Changes to Land Use Standards

On Monday, October 16, 2017, the Osceola County Board of County Commissioners voted (4-1) to direct County staff to draft a moratorium ordinance that would postpone County approval of new development applications for three to...more

Hurricane Irma: Take A Hard Look At Force Majeure Clauses And Your Business Risks

With Hurricane Irma approaching Florida, people are naturally focused on preparations for its arrival and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual...more

New HOA Estoppel Requirements Signed into Law

Title insurance companies and closing agents handling transactions involving homeowners’ and condominium associations have long been frustrated by the timing and cost associated with obtaining estoppel letters from these...more

Homeowners' Associations Could Face Liability for Bear Attacks

It is sometimes said that law is what separates humans from wild animals. While humans have been developing laws since the Code of Hammurabi, they have also been developing land, so much so that both commercial and...more

Open Permits Can Cause Headaches For Property Owners

Permits are often an overlooked component of real estate transactions. So-called “open” permits can cause headaches for owners who are selling or financing their property. While title searches disclose encumbrances such as...more

Legal Issues Associated With Selling & Purchasing Failed Residential Subdivisions In Florida

There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the...more

Acquiring Failed Subdivisions: The Risk of Tyrannical HOAs

Developers and builders who wish to acquire a failed developer’s residential subdivision, when there are existing homeowners in the subdivision, should BEWARE that a statutory turnover of HOA control may have occurred!...more

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