People are often surprised to learn that some parts of certain beaches in Florida are privately owned. The owner might be an individual or a business, such as a restaurant or hotel. Real estate disputes involving beach properties can be quite complex and stressful to resolve, which is why it’s best to seek legal guidance for support as soon as a problem arises.
The acronym MHWL stands for the median high-water line. As the tide moves in and out throughout the day, a line becomes visible between wet and dry sand. Florida law states that all land on the seaward side of the MHWL is slated for public use. However, some property owners own all the land, including dry sand, straight up to the MHWL, which means they can post “Keep off” signs that beachgoers must obey.
This is a complex legal issue because another clause known as the “customary use” clause often comes into play when real estate disputes arise over privately owned sand. If a stretch of sand has been used by the public for 50 or more years, it falls under “customary use” protection, meaning that even if it is privately owned, the public may continue to use it if they have done so for years without repercussion. An experienced real estate law attorney can help resolve Florida beach property disputes.
]]>The inspectors were from the state’s health and workplace department. They attempted access to the facility under U.S. House Bill 1470. Residents at this facility have engaged in numerous protests in recent years by staging hunger strikes. The residents have done so to raise awareness of alleged mistreatment. This department has received more than 300 complaints regarding substandard living conditions and mistreatment at the facility.
A group that oversees operations at the for-profit immigration detention center in Washington told reporters that Immigration and Customs Enforcement officials ordered them to deny entry to the state inspectors. The state officials are said to have claimed that “litigation” was the reason for the denial. However, representatives from the state’s Department of Health said litigation does not exempt the facility from state laws.
There may be residents in Florida immigration detention centers facing similar problems. If so, they may seek support by requesting assistance from an immigration law attorney. Such an attorney can help an individual or group of individuals protect their right to a safe environment and provision of basic needs, including food, shelter, clothing and medical care.
]]>For years now, the mall owner, a development company, has wanted to erect a hotel near the mall, where brand name items like Gucci, Prada and Rolex are sold. Each time the developers applied for approval to build the hotel, local officials have shot it down. When the affordable housing law kicked in, it gave them a loophole through which they could bring their project to fruition.
The developers’ plan includes a 20-story hotel, plus 600 residential units. To meet the affordable housing regulations, the developers promised to list 240 of the 600 units as workforce housing. The project immediately sparked discord in the surrounding community, where the average income is well above the state median. The president of a local civic association in Bal Harbour said that he has lived in the village all his life and believes this project will be a great detriment to the community.
The CEO of the development company acknowledged that affordable housing units were not part of his original project plan for the hotel. However, the new law provided an opportunity, which he believes will help solve a national real estate shortage, as well as provide workforce housing to those in need, perhaps including teachers, restaurant employees and others who work in the area but cannot afford to live there. His company has filed a lawsuit asking the courts to enforce the Live Local Act. In a real estate dispute of this magnitude, it is always best to seek counsel and support from an experienced real estate law attorney ahead of proceedings.
]]>The property line dispute sparked a criminal investigation when police were called to the scene and discovered that one of the women was injured. The woman’s son told police that her neighbor had pushed her, then struck her with a hammer as the two argued over a property line. The other woman had been using the hammer to pound stakes into the ground to install a fence.
The neighbor says accounts of the woman and her son of what transpired are untrue. She said the neighbor is one who pushed her first, not the other way around. She also told police that she believes the woman’s injuries occurred while working in her own yard and that she never struck her with the hammer.
Florida real estate law includes statutes that govern property line issues. When a pair of neighbors disagree as to where one property ends and another begins, a property survey can help resolve the issue. It is best, of course, to exercise available legal options to settle a property dispute rather than engage in confrontation with a neighbor, which, as made evident by this case, can make matters worse.
]]>The HOA dispute involved multiple issues, one of which was prompted by the homeowner’s debris and sapling removal and other landscaping improvements he made in the area behind his home. This area has a creek running through it, which is owned by the HOA. The homeowner said he was performing outdoor maintenance because so much debris had built up that the water of the creek ceased to flow, and the HOA was not doing its job to properly maintain the area.
HOA members also wanted the man to remove a beehive from the area behind his home, which they said was on HOA property. However, the man was told by several official sources that his property line extended to the berm of the creek. The homeowner said he had sought and received proper approval before doing the maintenance.
The HOA also wanted the homeowner to remove a beehive from the area. However, the bee company sent to remove the hive refused to do so, saying the homeowner was not violating the Declaration of Covenants, Conditions and Restrictions (CC&Rs). It may have been their dissatisfaction regarding the bee issue that prompted two HOA members to report the tree removal issues to the county, which has led to criminal charges for malicious injury of property against the homeowner, to which he pleaded not guilty. If an HOA dispute of this magnitude arises in Florida, it is best handled under the guidance of an experienced real estate law attorney.
]]>Should another party fail to uphold its end of the arrangement, the contract may also depict your options and the next steps to take to resolve the matter. However, there may be certain types of issues that could affect the validity of the agreement or cause the contract to become unenforceable.
There may be several types of issues that could cause a construction contract to become invalid and unenforceable, some of which might include:
Contract-related disputes remain one of the leading causes of conflict in this industry, and when similar issues arise, you might find it helpful to seek insight in preparing to address the situation.
The presence of similar concerns may only increase your risk of encountering conflict or disputes on a Florida construction project site. Understanding the types of issues that could affect the validity of your construction contracts could be vital to helping you prepare to take the proper steps to keep similar issues at bay. This could help you prepare to protect your company’s interests by creating thorough contract terms or help you prepare to seek advice on your options and the best course of action to take should the unimaginable arise.
]]>The outcry comes from an immigration detention center in Georgia. A couple hundred detainees have come forward to talk about inhumane conditions and mistreatment. They say they endure maltreatment and suffer daily.
The detainees have spoken out against wrongful treatment, allegedly including lack of medical attention, assault and prolonged solitary confinement. One person has reported a severe vision impairment due to lack of medical attention. Others say there are chronic mold issues in the facility. The immigrants say they are being treated worse than criminals.
Immigration detention is not a punitive process, meaning people are not being held in connection with criminal charges. They are merely being detained while their immigration cases are processed. Even prisoners in the criminal justice system are treated fairly in jail. There is no excuse for mistreating detainees. Anyone with questions regarding how to file a complaint following mistreatment at an immigration detention center can schedule a meeting with a U.S. immigration law attorney.
]]>