Real estate disputes can slow progress

On Behalf of | Jun 20, 2018 | Real Estate Disputes |

Many Florida communities, especially those located near the shore, often have access roads that lead to the beach or various businesses in the area. Investors in another state have become entangled in real estate disputes concerning which roadway should be used as an access road to a proposed new business in the area. The investors wish to use a little less than 3,000 square feet of a 10,000 square foot space.  

The site currently houses a boat and slip repair business. The owners of the new restaurant wish to build an access driveway from the establishment to a particular nearby roadway. Another business owner in the area apparently has a problem with that idea, however. The owner says that increased traffic on the access road may detract from the business that exists nearby, which serves the public as a boat launching site. 

A spokesperson for the boat launch business said it is not the idea of a new pub in the area that is causing the concern, only the idea of using the roadway designated in the proposal plan as an access road. The boat launch company suggested the next street down as a better location for an access to the new restaurant. A lease that has been signed between the marina and the new restaurant states that the road near the boat launch is the one that should provide vehicle access to the new pub. 

The new business owners say the law already provides a solution to the current real estate disputes because it specifically states that one business may not stop another from using a public right-of-way, which the road proposed as an access road happens to be. Florida property owners or investors who experience project delays due to disagreements about easements or roadways may turn to experienced real estate attorneys for support. An attorney can often provide a fresh perspective to a problem situation to help those involved find possible solutions that may not have been immediately apparent.  


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