Historic Land Claims in Florida: How Title Services Help Resolve Inheritable Property Disputes

May 11, 2023


Historic land claims in Florida have a long, often convoluted history that can make them difficult to resolve. Title services are an important part of the process, as they provide the research and guidance needed to properly resolve inheritable property disputes. In this blog post, we’ll explore why title services are necessary for resolving historic land claims in Florida, and explain how they work.

Historic land claims in Florida are land disputes between two parties that have contested ownership of a parcel of land for a period of at least 30 years, or have belonged to the same family for at least three generations. The idea of inheritance and title to land can be traced back to the original Spanish and English colonists who came to Florida, and these claims were often documented in old deeds, wills, and other records.

In recent years, the Florida Supreme Court has recognized the validity of these claims and has established the “doctrine of historic land claims” in response. The doctrine states that, in certain cases, the title to certain parcels of land can be deemed to pass from the original grantor to their descendants, regardless of the current owner’s title.

This makes title services essential for resolving historic land claims. A title service is a company or organization that researches the title history of a parcel of land and provides guidance on resolving any title disputes. Title services can:

  • Conduct property searches to identify if any claims have been filed against a particular property
  • Perform an abstract of title to verify ownership
  • Provide an opinion letter on the validity of any claims and the legal remedies available

In the case of historic land claims, title services are especially important because they can provide an expert opinion on whether a claim is valid, and can help guide both claimants through the process of resolving the claim. In addition, title services can help to identify potential issues that may complicate the process and can provide legal advice on how to best proceed.

Overall, title services are an invaluable tool in resolving historic land claims in Florida. They provide the research and guidance needed to efficiently and properly resolve inheritable property disputes and ensure that the rights of all parties are properly respected. Without the assistance of a title service, it would be difficult, if not impossible, to resolve these types of claims.

Related Questions

What is a historic land claim in Florida?

A historic land claim in Florida is a land dispute between two parties that have contested ownership of a parcel of land for a period of at least 30 years, or have belonged to the same family for at least three generations.

Why are title services necessary for resolving historic land claims in Florida?

Title services are necessary for resolving historic land claims in Florida because they provide the research and guidance needed to properly resolve inheritable property disputes. Title services can conduct property searches to identify if any claims have been filed against a particular property, and they can perform an abstract of title to verify ownership. Title services can also provide an opinion letter on the validity of any claims and the legal remedies available.

What is the Florida Supreme Court's doctrine of historic land claims?

The Florida Supreme Court's doctrine of historic land claims states that, in certain cases, the title to certain parcels of land can be deemed to pass from the original grantor to their descendants, regardless of the current owner’s title.

What type of legal advice can title services provide?

Title services can provide legal advice on how to best proceed in resolving historic land claims, as well as identify potential issues that may complicate the process.

What is an abstract of title?

An abstract of title is a summary of all the documents related to a particular piece of property, such as deeds, mortgages, and other records.

What is an opinion letter?

An opinion letter is a document written by a title service that provides an opinion on the validity of a claim and the legal remedies available.

What would happen without title services?

Without the assistance of a title service, it would be difficult, if not impossible, to resolve historic land claims in Florida.

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