Attack outline
FL Real Property Attack
Review the FL Real Property Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
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Ordered attack steps
- Fee simple absolute
- Life estate (waste doctrine)
- Defeasible fees (determinable, subject to condition subsequent, subject to executory interest)
- Future interests (reversion, remainder, executory interest)
- Tenancy in common (default)
- Joint tenancy (TTIP + right of survivorship)
- Tenancy by entireties (FL: real AND personal property)
- Severance issues
- FL is a NOTICE recording jurisdiction (§ 695.11) — a subsequent BFP without notice prevails over a prior unrecorded conveyance
- An unrecorded instrument is not effective against a subsequent purchaser for value without notice
- Wild deeds provide NO constructive notice (outside chain of title)
- Types of notice: Actual, constructive (record), inquiry
- Marketable Record Title Act (Ch. 712): extinguishes interests >30 years old unless notice of claim filed
- Creditor protection: NO VALUE CAP
- Size limits: ½ acre urban, 160 acres rural
- Devise restriction: Cannot devise away from spouse/minor children
- Tax benefits
- 7 years continuous possession
- MUST PAY PROPERTY TAXES (FL requirement)
- Open, notorious, hostile, exclusive
- Color of title helpful but not required
- Types: Term of years, periodic, at will, at sufferance
- Implied warranty of habitability (residential)
- Security deposit rules
- Eviction procedures
- Statute of Frauds (writing required)
- Marketable title
- Merger doctrine
- Deed requirements & delivery
- Estoppel by deed / after-acquired title (warranty deeds only, not quitclaim)
- TYLER v. HENNEPIN COUNTY (2023): government retaining surplus from tax-sale proceeds = TAKING — owner has property interest in surplus above the tax debt
- CEDAR POINT NURSERY v. HASSID (2021): government-granted physical ACCESS to private property = per se taking (not Penn Central balancing) even if temporary/limited
- SACKETT v. EPA (2023): "waters of the United States" narrowed — wetlands must have continuous surface connection to navigable waters for CWA jurisdiction
- FL homestead through revocable trust: FL Supreme Court confirmed that property held in a revocable trust qualifies for constitutional homestead protection
- FL is JUDICIAL foreclosure state — all foreclosures through the court
- No post-sale right of redemption in FL
- Construction liens (Ch. 713): subcontractors must serve Notice to Owner within 45 days; Claim of Lien within 90 days of last furnishing; liens relate back to Notice of Commencement
- Condo assessments (§ 718.116): limited super-priority over first mortgages