Common Real Estate Disputes in Florida and How they Arise

Real estate ownership and real estate transactions can be some of the most significant financial decisions in a person’s life. In Florida, property law provides clear guidance to owners and hopeful buyers: yet disputes are still common. Understanding the typical types of real estate conflicts and how they develop can help property owners, hopeful buyers, and savvy investors to protect their interests. This article will provide basic information on these issues, but for official, nuanced advice contact an experienced real estate litigation attorney at Suncoast Civil Law.

1. Boundary and Property Line Disputes

One of the most frequent real estate disputes in Florida involves property boundaries. Property line conflicts often stem from:

• Survey discrepancies: Older or inaccurate surveys can create confusion over property lines.
• Encroachments: Fences, driveways, or buildings might extend onto neighboring property.
• Shared features: Disagreements can arise over driveways, easements, or other shared areas.

Resolving boundary disputes typically requires professional surveys, negotiation, or court intervention. With clarity, the parties can take the appropriate steps to resolve the property line disputes.

2. Landlord-Tenant Conflicts

Florida’s growing rental market means landlord-tenant disputes are common. Conflicts often arise around:

• Nonpayment of rent: or disagreements over security deposits.
• Lease violations: such as unauthorized subleasing or pets.
• Maintenance issues: including habitability problems under the Florida Residential Landlord-Tenant Act.

Disputes may be resolved through mediation, administrative remedies, or, if necessary, litigation in court.

3. Homeowners’ Association (HOA) Disputes

Many Floridians live in communities governed by HOAs. Disputes can arise over many different issues, whether that be:

• Enforcement of rules or restrictions,
• Disagreements over assessments, fines, or special fees, or
• Property modifications requiring HOA approval.

These and other HOA disputes are governed by Florida Statutes Chapter 720. These may be resolved internally within the HOA organization or through legal action.

4. Contract and Transaction Disputes

Disagreements over real estate contracts frequently lead to litigation. Common causes can include:

• Breaches of purchase agreements or option contracts,
• Failure to disclose defects or misrepresentation of property condition, or
• Financing delays or failure to close transactions as agreed

Legal remedies can include contract enforcement, rescission, or damages.

5. Title and Ownership Disputes

Disputes regarding property ownership often arise from:

• Conflicting claims based on deeds, wills, or trusts,
• Undisclosed liens, easements, or encumbrances, or
• Alleged fraudulent or forged documentation.

Resolving title disputes often requires a quiet title action or other legal proceedings to clarify ownership rights.

6. Construction and Development Disputes

Florida property owners may also face litigation related to construction or development of real property. This can include:

• Defective construction or code violations,
• Disputes with contractors, architects, or developers over contract performance, or
• Delayed or incomplete building projects.

These cases frequently involve expert testimony, inspections, and court oversight to determine responsibility and damages.

Preventive Measures

While disputes are sometimes unavoidable, several steps can reduce risk. Buyers should always conduct thorough due diligence when purchasing a property to avoid surprises. This includes inspections, surveys, and title searches. Use detailed, well-drafted contracts with clear terms. It is always a good idea to maintain thorough documentation of your dealings, and open communication with neighbors, tenants, or associates.

Contact Suncoast Civil Law

Real estate disputes in Florida can take many forms, from boundary conflicts to contract breaches and construction issues. Recognizing how these disputes arise and seeking prompt legal guidance can protect your property rights and financial interests. If you are facing a real estate dispute, an experienced Sarasota real estate litigation attorney at Suncoast Civil Law can help you to navigate the details of your own case and pursue the best possible outcome.

Sources:

floridatoday.com/story/news/local/2025/07/09/brevard-commissioner-altman-settle-legal-dispute-over-beach-land-access/84516828007/

loveproperty.com/gallerylist/207276/the-worlds-strangest-and-pettiest-property-disputes