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If I have a legal contract with the following statement:

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If I have a...

If I have a legal contract with the following statement:"The home owner will not install a fence of any kind on the owned property."Does this mean that this is an obliged requirement on the owner, or does it legally not imply any requirement on the owner, because "will" was used instead of "should" or "shall"?Would this position of "no requirement" on the owner, hold up in court?Thanks *****: Since laws vary from place to place, what state is this in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
9/25/2017
Real Estate Lawyer: Ely, Counselor at Law replied 11 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,584
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Contracts have different types of verbiage, and there is no "one" verbiage for this kind of restriction. In contract interpretation, the rule of thumb is the plain meaning and intent of the parties involved. Auto-Owners Ins. Co. v. Anderson, 756 So. 2d 29 - Fla: Supreme Court 2000.

Herein, "shall," "will," and other words all mean the same thing. "Will not" is very straightforward - the home owner will not install the fence. It is a requirement unto the owner NOT to do something, i.e. a restriction. Enforceable by contract.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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