This comes up quite often in Florida, the Buyer orders a land survey and it shows an ‘encroachment’. Now, if there is a loan in use then the lender typically will NOT accept a lenders title policy with an exception for encroachments and thus the title agent needs a survey so that they can certify that there are none, or, the Buyer ‘just wants one.’ The title agent orders it but often it is done very late in the process, like right before Closing. So, it arrives and it shows say that the fence in on the subject property here but on the neighbors property there, or the fence is on a utility easement, or a shed is in the utility easement. What happens?

These are the sections of the Contract to look at…

First, the property line example. Was the fence installed by the Seller or their predecessor in the chain of title? Basically, is it the neighbor’s fence? If it’s the neighbor’s fence and the Buyer or Title Agent want it moved then call a lawyer. If it ‘goes with’ the subject property then it is the responsibility of the Seller to move it. If (IF) it is a cash sale, so an exception to the title policy, or the Title Agent can and will call it a minor encroachment and certify it for the Lenders Title Policy then it may stay where it is as long as the Buyer and Seller agree.

If it is built in an easement then the question is: Does the easement language allow it to be there? Was it permitted and if so did the plan submitted with that permit show it in the easement? If so, this would be an indication that it is OK to stay. If not then it’s the same answer as above.

I read a VERY INTERESTING article today and I leaned something new. I have written about about the meander line and how that is shown on plats in Jupiter area. I also write about the troubles around this shown when perhaps not applicable along the C-17 a/k/a Earman River in North Palm Beach.

What I learned is that there are 2 types of land “owned’ by the state. The first is land which they acquired as a result of being granted statehood. This is what is called sovereign lands and was to be held in public trust. Sovereign, as in the Kings Land. Wait what? The original 13 colonies got, when we won the war for independance, the land below navigable waters as this was owned by the sovereign (the king) so subsequent states got this land too as the had to be on “equal footing” with the origioanl 13. Sovereign land is the lands below “navigable rivers, lakes, and tidelands are held in a public trust which imposes a legal duty upon the state to preserve and control them for public navigation, fishing, swimming, and other lawful uses.” The courts in Florida have upheld that even is one has a deed conveying these lands that the state had no right to sell it. WOW!

The second type of land the state acquired title to NOT as a result of simply becoming a state but lands which the Federal government GAVE to them by Act(s) of Congress with the INTENTION of being sold to, and utilized by, private citizens. I have written of how this land was used to create what would become the intracoastal waterway in the area. This is what is called “improvements lands”. These lands were sold to, or traded to, developers as payment for the creation of say a mile of canal, roadway or of a railroad.

In “1855 Florida Legislature created the Internal Improvement Fund, which consisted of title to internal improvement lands and swamp lands and all proceeds from the sale of such lands. The legislature then vested title to the internal improvement lands and swamp lands in the “Trustees of the Internal Improvement Fund” (the governor and cabinet) and gave them authority to sell and transfer the lands as prescribed by statute.”

This comes up quite often. Your driving to look at a new house and see a sign that says something like “This is site if being considered for a proposed…” What’s that all about you wonder and how can I find RELIABLE information?

First, what do I mean by “reliable”? Well, information that is accurate. Social media may have some local banterings about the project but is what they are saying the truth? Sometimes yes, and sometimes no. It is ALWAYS best to get your data from the actual proposed plans. Florida has BROAD laws concerning what we call Sunshine in Government so all the data presented to the municipality is available to the public IF you know where to look and who to ask for it.

ASK THE LOCAL ZONING DEPARTMENT…

Tequesta Building Department or Tequesta Planning Board

Jupiter

Palm Beach Gardens

Juno Beach

North Palm Beach

Riviera Beach

Palm Beach County

This is something which more folks should do before they buy a property. Look at the recorded plat. But how do I find it?

It’s much easier than you think. First, start with the address of property you are interested in. Let’s use an example of 728 Westwind Drive in the Village of North Palm Beach. Go to the local property appraisers web site, so PAPA for Palm Beach County, and look up the record. Once you have it click on the link to the last Warranty Deed listed under the “Sales Information”. This will bring you to the Clerk of Courts web site.

Now click on the “Get Image” tab and read the deed. This one says, in part…

So this property is Lot 11 of Block 43 on the Plat recorded in Plat Book 26 pages 10 to 12. Now we know the book and page of the plat book. Stay on this page at the Clerk’s web site and click on “Search Results” and then “New Search”. Select the tab for a search by book and page and then select plat book from the drop down. Search for 26/10 and there it is.

A rectangular 80 x 120 lot with a 6′ utility easement along the rear property line. Note that lot 14 has a utility easement along the side property line as well. And, if you were buying a waterfront lot on this plat you may note the inclusion of accepted use restrictions…

And there we have it. Any questions, you may call me at the office at 561.626.8550.

So, on Nov 1 the new FAR BAR contract became effective and we have already discussed the effect of those changes. Now we will discuss the changes to the addenda used. Review this document. And perhaps this post. There are not many changes that affect the FAR BAR As-Is so I’ll just touch on the most common below.

But FIRST, ONLY use the addenda that are designated to be used with the base contract. In short, do NOT use non FAR/BAR riders with the FAR/BAR Contract UNLESS it is drafted by a lawyer. Period. What riders are available? These ones…

So, on Nov 1 the new FAR BAR contract became effective and we have already discussed the effect of those changes. Now we will discuss the changes to the addenda used. Review this document. And perhaps this post. There are not many changes that affect the FAR BAR As-Is so I’ll just touch on the most common below.

But FIRST, ONLY use the addenda that are designated to be used with the base contract. In short, do NOT use non FAR/BAR riders with the FAR/BAR Contract UNLESS it is drafted by a lawyer. Period. What riders are available? These ones…