Florida Real Property Litigation

A "must-have" reference for litigating real property issues in Florida, this book has legal analysis, forms, and practice tips for real estate disputes.

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Print Book:Hardbound, 986 pages
9th Edition
ISBN: 9781522162643
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9th Edition
ISBN: 9781522162650
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9th Edition
ISBN: 9781522162650
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Florida Real Property Litigation provides invaluable statutory and case analysis, pleading forms, and practice pointers. This essential reference examines a broad range of topics, including access and eviction, foreclosure of mortgages and liens, boundary and title problems, and covenants and easements, and features an entire chapter devoted to successful recovery of attorneys' fees in real property disputes.

To further aid the practitioner, the text incorporates over 100 forms and checklists to guide you through efficient and effective litigation.

Highlights of the new 9th Edition include:

  • Discussion of 2018 Florida Legislature’s substantial amendments to F.S. Chapter 66, governing ejectments, (1) authorizing a person with a superior right to possession of real property to recover possession by ejectment; (2) providing that a person entitled to possession of real property has a cause of action to regain possession from another person who obtained possession of real property by forcible entry, unlawful entry, or unlawful detainer; (3) requiring that the court determine the right of possession and damages; and (4) prohibiting a governmental entity from adopting or keeping in effect certain ordinances and rules based on customary use, etc. Ch. 2018-94, § 1, Laws of Fla.
  • Discussion of newly enacted F.S. 82.05, title “Service of Process,” establishing how a demand for possession should be served in a cause of action of ejectment.
  • Discussion of the Florida Supreme Court’s decision in Bolettierei Resort Villas Condominium Ass’n, Inc. v. Bank of New York Mellon, 228 So.3d 72 (Fla. 2017), ending the debate over the application of the statute of limitations for foreclosure actions, holding that the statute of limitations begins to run upon acceleration (and not a missed payment), and a second foreclosure on the same loan is permitted, provided the default alleged in the second action is within the five-year limitations period.
  • Discussion of the judicial split regarding whether a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when a plaintiff requests deficiency relief in its complaint in a separate foreclosure action involving the same note and the foreclosure court enters a final judgment reserving jurisdiction to grant deficiency relief.
  • Discussion of restrictive covenants and, on a matter of first impression, the court in Santa Monica Beach Property Owners Ass’n, Inc. v. Acord, 219 So.3d 111 (Fla. 1st DCA 2017), addressing the interesting and increasingly prevalent trend involving property owners renting their property for short-term vacation rentals, using services such as Airbnb.
  • Discussion of access to property by nonowners and, on a matter of first impression, whether the presence of a “No Soliciting” sign, placed on the front porch of private property, negates the government’s authority to access the private property. State v. Crowley, 232 So.3d 473 (Fla. 1st DCA 2017).
  • Discussion of determination of liability under Bert J. Harris, Jr., Private Property Rights Protection Act and Florida Supreme Court’s decision in Hardee County v. FINR II, Inc., 221 So.3d 1162 (Fla. 2017), holding that owners whose property has not been directly acted upon by a governmental entity may not state a claim under the Act.

Visit our Real Property website for a complete list of The Bar's Rules of Procedure related titles.

Visit our General Practice website for a complete list of The Bar's Trial Practice related titles.

Visit our Florida Bar Continuing Legal Education Publications website for a complete list of The Bar's titles.

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Featured Authors

Table of contents

Chapter 1  Quieting Title And Ejectment 

1-A  Quieting Title

Matthew B. Taylor

1-B  Ejectment
Matthew B. Taylor

Chapter 2  Boundary Disputes
Robert G. Cochran and Andrew K. Macfarlane

Chapter 3  Slander Of Title
Rachael S. Loukonen

Chapter 4  Partition
I. William Spivey

Chapter 5  Foreclosures

5-A  General Foreclosure Procedure
Michelle G. Hendler

5-B  Commercial Mortgages
Michelle G. Hendler

5-C  Agreements For Deed
The Florida Bar Publications Staff

5-D  Construction Liens
Neal Sklar and Warren E. Friedman

5-E  Condominium And Homeowners' Association Liens
Michael J. Gelfand and Steven Newburgh

Chapter 6  Re-Creating And Correcting Instruments And Agreements

6-A  Defective Or Lost Instruments
Jeffrey D. Fridkin and Michael T. Traficante

6-B  Reformation, Rescission, And Cancellation Of Instruments And Agreements
Manuel Farach

Chapter 7  Service Of Process

7-A  Service Of Process Under F.S. Chapter 48
Michelle Garcia Gilbert

7-B  Constructive Service Of Process Under F.S. Chapter 49
Michelle Garcia Gilbert

Chapter 8  Breach Of Sales And Loan Agreements

8-A  Actions For Breach Of Real Estate Sales Contracts
E. Lanny Russell and Thomas R. Heekin

8-B  Lender Liability Issues Arising From Construction Loan Agreements
Kendall Coffey

Chapter 9  Enforcement Of Restrictive Covenants
Matthew S. Sackel

Chapter 10  Access To Property By Nonowner
Ross Stafford Burnaman

Chapter 11  Notice Of Lis Pendens
James H. Mccarty, Jr. and Julie M. Naim

Chapter 12  Landlord And Tenant Disputes
Matthew R. Chait

Chapter 13  Statutory Private Property Rights Protection
Margaret L. Cooper, Ronald L. Weaver, and Joanne M. O'Connor

Chapter 14  Attorneys’ Fees In Real Property Litigation
Eric A. Jacobs