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.
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 PURE NOTICE state
- BFP without notice wins regardless of recording order
- Types of notice: Actual, constructive (record), inquiry
- 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