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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32200
Experience:  16 years of legal experience including real estate law.
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re; inverness,florida, unincorporated land with deed restrictions

Customer Question

re; inverness,florida, unincorporated land with deed restrictions of certain types of animals, ie; horses barred by existing deed restrictions on a private road/easement
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you intend to file a petition to enjoin the neighbor from violating the deed restriction or what do you intend to do in an attempt to resolve this situation?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

We tried that at first, was told they will do what they want with the land and if we do not like it, sue them!!plan "B"


I am a retired businessman with a dated business law degree and a Engineering degree. I know how to go to court, if need be. This is only the begining but I prefer another view and input. Balance is my motto and common sense is my goal. This property is in a dead-end easement


access right of way and they are using our private land[partial easement]


with impunity. Yes we have code-enforcement involved but they inept.


Should i subscribe to "Westlaw", I used them many years ago in other ltigations I persued. They were helpful with caselaw files and reviews

Customer: replied 1 year ago.

YES WE INTEND TO ENJOIN THEM IF NECESSARY!!!

Expert:  Tina replied 1 year ago.

Hello again, John, and thank you for the additional information.

Yes, Lexis and Westlaw are both very helpful in performing legal research, although there are many cases available online through findlaw.com, nolo.com and other websites. Lexis and Westlaw continue to lead the pack for in depth legal research.

Since the neighbors appear to be in clear violation of the express easement, the best way to compel them to cease violating the easement would typically involve obtaining an injunction against them. If you obtained the injunction and they continued to violate it, then they could be arrested based on the court's order, so that typically persuades people to cease such conduct.

The petition for an injunction could also include a complaint for damages if you have sustained monetary damages as a result of the violations.

Here is a FL case involving a petition for an injunction for violating an express easement to help get you started:

http://www.ccfj.net/courtdecFLselectenf.html

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

You make reference to easements,I am talkng about deed restrictions.


express easement??

Expert:  Tina replied 1 year ago.
Hello again, John.

I apologize for creating any confusion. Easements are generally created in the title to the property the same as deed restrictions, but the case I referred you to does involve deed restrictions.

Customer: replied 1 year ago.

Know of any with specific equine issues


Your case law was at the appellant level, and somewhat convaluted.


 


We have only 6 property owners. Remember,this is an unincorporated


 


developement. It dates back to 1980. this is the first issue we have ever had. County code requires 2 acres for the horses, in a residential setting. The developer, when he applied for the subdivision catagorically emphasized these restriction to protect all proprty owners .


The deed restrictions implicitly referred to in the warranty deed, is a defactor agreement of compliance and recognition of said restrictions. This property is situated in the shape of a appendix and is a dead end with water all around. one way in and one way out. all access is thru easement rights of way on private land ,each section of the private road,owned by adjoining lot owners, seperately and maintained and taxed accordingly

Expert:  Tina replied 1 year ago.
Hello again, John.

In depth legal research is beyond the scope of this forum and it would take some time, and likely access to one of the legal databases you mentioned to obtain a more specific case. The case I provided you was to provide you with information on FL law indicating that an injunction is often appropriate for this type of violation. For specific case law though, it would be best to retain someone locally to peform legal research for you or subscribe to one of the legal research databases yoruself as you suggested above.

Most cases published on-line for free will be at the appellate level and not at the trial level, so that is what is available for me to provide you through this forum as I cannot give you access to the pay databases through this site. However, appellate level cases are generally the most persuasive when arguing before a court in the state since they have precedential value for all courts below them.



Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32200
Experience: 16 years of legal experience including real estate law.
Tina and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX take your advice, he with the best argument, wins the day. You have done well!!!


John

Expert:  Tina replied 1 year ago.

Thank you the wonderful feedback, John, and for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again.

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