Curious Cases of Property Rights: Interesting Stories from Miami's Real Estate History
May 12, 2023
Real estate transactions are no strangers to curious cases of property rights. Miami is no exception. Throughout the city's history, many interesting stories have emerged of individuals, corporations, and government entities jostling for control of various parcels of land.
The most interesting story of a dispute over property rights in Miami concerns the railroad tycoon Henry Flagler. In 1905, Flagler — who had already built two railroads to the city — set out to construct a third rail line from Miami to Key West. In order to do so, he needed to build a bridge over the Miami River that would allow his trains to continue south.
The only problem was that a certain William J. Brown owned the property on the south side of the Miami River, where the bridge needed to be built. Flagler had no choice but to negotiate with Brown for the right to build his bridge. Brown, however, refused to sell and instead proposed an idea to Flagler: a long-term lease option, which would allow Flagler to build the bridge and then pay Brown a fee for its continued use.
Flagler accepted the proposal and the lease option was executed. This agreement resulted in an interesting legal battle concerning Flagler’s right to retain the lease and continue to use the bridge. Brown eventually sued Flagler, claiming that the lease was invalid since it had not been properly registered. The court eventually ruled in Flagler’s favor, allowing him to keep the bridge and retain the rights to the lease.
The outcome of this case highlighted the importance of:
- Registering leases in order to ensure the rights of both parties involved.
- Negotiating lease terms in order to secure the rights of the tenant.
- In some cases, a long-term lease option can be a better choice than buying a property outright, as the tenant can retain the rights to the property for a specific period of time without investing in the full purchase.
Despite the outcome of this case, disputes over property rights in Miami are still a common occurrence. Understanding the legalities of leases and registering them correctly is the best way to protect both parties involved and ensure that disputes are avoided. For those interested in learning more about property rights, title services can provide the expertise and knowledge necessary to make informed decisions.