Fort Lauderdale Property Dispute Attorney
Property disputes can threaten your ownership rights, diminish your property’s value, and create years of conflict with neighbors, co-owners, or homeowners’ associations. When your property rights are at stake, you need an attorney who understands both the substantive law and the practical realities of real estate litigation in Broward County courts. I’m Eric J. Goldman, and I represent property owners throughout Fort Lauderdale and South Florida in boundary disputes, title actions, partition proceedings, easement conflicts, and HOA disputes.
Boundary Disputes
Boundary disputes arise when neighboring property owners disagree about the location of the property line between their parcels. In Fort Lauderdale and throughout Broward County, these disputes commonly involve fences built on the wrong side of the boundary, structures or additions that encroach onto a neighbor’s property, landscaping, driveways, or pools that cross property lines, and conflicting surveys that show different boundary locations.
Resolving a boundary dispute begins with obtaining a current, accurate survey from a licensed Florida surveyor. I review the survey against the legal descriptions in the deeds, the plat maps recorded with Broward County, and any prior surveys or agreements between the parties. When the dispute cannot be resolved through negotiation, I pursue litigation to establish the legal boundary. In some cases, the doctrine of adverse possession — where a party has openly and continuously used a portion of the neighbor’s property for a statutory period — may apply.
Quiet Title Actions
A quiet title action is a lawsuit filed under Florida Statute Section 65.011 to establish clear ownership of real property and eliminate any competing claims, liens, or encumbrances. Quiet title actions are necessary in a variety of situations:
- Properties acquired at tax deed sales where the prior owner’s interest must be extinguished
- Properties with breaks in the chain of title caused by missing or defective deeds
- Properties where unreleased mortgages or liens from decades ago still appear in the public records
- Properties where heirs or prior owners may assert claims to ownership
- Properties acquired through informal transfers that were never properly documented
Quiet title actions are filed in the Circuit Court of Broward County and require service on all parties who may have an interest in the property. The process typically takes several months, but the result — a court order establishing clear, marketable title — is essential for selling, refinancing, or fully protecting your property rights.
Partition Actions
When two or more people co-own property and cannot agree on what to do with it, a partition action under Florida Statute Section 64.031 provides a legal mechanism to divide or sell the property. Partition disputes commonly arise between former spouses or partners who jointly own property, family members who inherited property together, business partners who co-invested in real estate, and co-owners who disagree about whether to sell, renovate, or rent the property.
Florida courts can order either a partition in kind (physically dividing the property, which is rare for residential properties) or a partition by sale (ordering the property sold and the proceeds divided among the co-owners). I represent clients seeking partition and those defending against partition actions, always working to achieve the most favorable financial outcome.
Easement Disputes
An easement grants one party the right to use another party’s property for a specific purpose — such as a shared driveway, a utility line, or access to a waterway. Easement disputes in South Florida frequently involve access easements where one property owner blocks or restricts another’s access, drainage easements where construction or landscaping interferes with water flow (a significant issue in Fort Lauderdale’s low-lying areas), utility easements where property improvements encroach on designated utility corridors, and dock and waterway easements along Fort Lauderdale’s extensive canal system.
I handle disputes involving existing recorded easements, claims for prescriptive easements (based on long-term use), easements by necessity (where a property would otherwise be landlocked), and the scope and extent of easement rights. These disputes often require a combination of title research, survey analysis, and litigation.
HOA and Condominium Association Disputes
Homeowners’ associations and condominium associations in Broward County wield significant power over property owners. Disputes between owners and associations are extremely common and can involve enforcement of deed restrictions and architectural guidelines, assessment increases and special assessments, selective or discriminatory enforcement of rules, failure to maintain common areas, disputes over owner modifications or improvements, election irregularities and board governance issues, and access to association records.
Florida Statutes Chapter 720 (homeowners’ associations) and Chapter 718 (condominiums) provide specific rights and procedures for resolving these disputes, including mandatory pre-suit mediation for many types of claims. I represent both individual owners challenging association actions and associations seeking to enforce their governing documents. Before filing a lawsuit, I evaluate whether the dispute can be resolved through the statutory dispute resolution procedures administered by the Florida Department of Business and Professional Regulation.
Construction Lien Disputes
When contractors, subcontractors, or material suppliers are not paid for work performed on real property, Florida’s Construction Lien Law (Chapter 713) allows them to file a lien against the property. I represent property owners defending against improper or inflated liens and contractors seeking to enforce valid lien rights. Construction lien disputes require strict compliance with statutory deadlines for notices, lien recordings, and lawsuit filings — missing a single deadline can be fatal to a lien claim or a defense.
Frequently Asked Questions About Property Disputes in Florida
How long does a quiet title action take in Broward County?
A quiet title action in Broward County typically takes 3-6 months from filing to final judgment, assuming all parties can be located and served. If parties cannot be found and service by publication is required, the process takes longer. Contested quiet title actions — where someone actively opposes your claim to ownership — can take a year or more. I manage the process to move as efficiently as possible while ensuring every legal requirement is met.
Can I force my co-owner to sell the property?
Yes. Under Florida’s partition statute (Section 64.031), any co-owner has the right to file a partition action, and the court can order the property sold even if other co-owners object. The proceeds are then divided according to each owner’s interest, with adjustments for contributions to mortgage payments, taxes, maintenance, and improvements. Partition is a powerful legal tool, and I use it to help clients who are stuck in unworkable co-ownership situations.
My neighbor’s fence is on my property. What can I do?
First, obtain a current survey from a licensed surveyor to confirm the boundary location. If the survey shows the fence is on your property, I recommend sending a written demand to the neighbor requesting removal within a reasonable time. If the neighbor refuses, you may file a lawsuit for trespass and seek a court order requiring removal. If the fence has been in place for a long period, the neighbor may assert adverse possession or acquiescence, which complicates the matter. Time is important in these situations — the longer an encroachment continues, the stronger the encroaching party’s potential claims become.
Can my HOA fine me for a rule violation?
Yes, but the association must follow the procedures specified in Florida Statute Section 720.305 for HOAs or Section 718.303 for condominiums. This generally requires written notice of the alleged violation and an opportunity to appear before a committee of board members (not including any board member who is a party to the dispute) before a fine can be imposed. Fines are capped at $100 per violation per day, up to a maximum of $1,000 for a continuing violation. If the committee does not approve the fine, it cannot be imposed. I represent owners who have been unfairly fined and associations seeking to enforce legitimate rules.
What is adverse possession in Florida?
Adverse possession allows someone who has openly, continuously, and exclusively used another person’s property for at least 7 years (with color of title) to potentially claim legal ownership. Under Florida Statute Section 95.18, the party claiming adverse possession must also have paid all taxes on the property during the statutory period and must file a return with the county property appraiser. Adverse possession claims are difficult to establish and even more difficult to defend against once the statutory requirements are met. If you suspect someone may be adversely possessing a portion of your property, take action promptly.
Protect Your Property Rights
Property disputes rarely resolve themselves, and delay often makes them worse. Whether you’re dealing with a boundary conflict, a title issue, a co-ownership disagreement, or an HOA dispute, I provide the experienced legal representation you need to protect your property rights in Broward County courts.
Call Eric J. Goldman, P.A. at (954) 536-7557 to discuss your property dispute. For an overview of all my real estate services, visit my real estate law page. For rental property issues, see my landlord-tenant services.