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.