[RPPTL-constructionlaw] 713.10 lien for private leasehold on public land

[Tracye]

Thank you Larry. I think we should get CLE credit for reading these
emails!

 

 

Tracye K. Solove, Attorney at Law

Certified Civil Circuit Mediator

Tracye at solovelawfirm.com

Kendallwood Office Park One

12002 Southwest 128th Court

Suite 201

Miami, Florida  33186

Phone: (305) 612-0800

Facsimile: (305) 612-0801

http://www.solovelawfirm.com <http://www.solovelawfirm.com/> 

 

Providing Statewide Legal Services in the areas of Commercial
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and Real Estate Foreclosures

 

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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Larry Leiby
Sent: Thursday, February 02, 2012 3:45 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] 713.10 lien for private leasehold
on public land

 

The answer is in the definitions in 713.01 (and if you are referring to
8:3 of my book, it is set out there).  The statutory reason that you
can't lien publicly owned property is because a governmental owner is
not within the definition of owner in 713.01.  The definition of real
property also excludes governmentally owned property.  This is intended
to keep governmentally owned property out of the lien law because a
government must usually go through an election to subject public owned
property to liens, e.g., financing bond issues.  

 

An owner is also defined as one having an interest in the property and
who enters into a contract for the improvement of the real property.
Thus there is no reason that you cannot have a lien on a private
leasehold interest that sits on public property.  You want to be careful
when you prepare the lien to only seek it against the leasehold.  Also a
lien on a leasehold is typically only as valuable as the tenant is
collectable.  

 

Go get em.

 

Larry R. Leiby, Esq.

Malka & Kravitz, P.A.


1300 Sawgrass Corp. Pkwy., Suite 100

Ft. Lauderdale, FL  33323

Phone:  954-514-0984

Fax:      954-514-0985

 

e-mail:  leiby at mkpalaw.com

 

Board Certified in Construction Law

Fla. S. Ct. Certified Circuit Court Civil Mediator

Fellow, College of Commercial Arbitrators

 

 

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Rafael Perez
Sent: Thursday, February 02, 2012 2:56 PM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on
public land

 

Does anyone have any authority for a construction lien on a leasehold
where the lessee is a private party but the lessor is a municipality
(i.e. on public land)?  The lessee contracted for the improvements which
were required by the lease agreement.  The only authority I have found
is Section 8.3 of the Fla. Prac. Construction Law Manual which states in
the first paragraph, in part: "However, there may be private leasehold
interests on governmental property that are lienable."   I have found no
other authority.

 

Rafael A. Perez

Board Certified Construction Attorney

McArdle and Perez, P.A.

806 S. Douglas Road, Suite 625

Coral Gables, Florida 33134

305-442-2214

Fax 305-442-2291

rperez at mcper.com

 

 

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