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

[Greg Elliott]

Attached is a form of lien I filed some years back against the leasehold 
interest of a tenant on public airport authority property.  It is in the 
public record.  My recollection is that I carefully drafted it to insure 
that the interest lien'd was no more than the interest the tenant held 
by a recorded lease.

As I think others have pointed out, it is fortunate that we never had to 
actually secure payment for the work by foreclosing the lien.  We never 
considered it particularly likely that foreclosing and putting that 
interest up for public sale would actually accomplish the goal of 
payment to the contractor.  However, recording it and furnishing copies 
to the interested parties as required by the statute did seem 
motivational to the developer.

Regards,

G. Elliott

Gregory T. Elliott
**/ELLIOTT - BERGER, P. A./**//
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Largo, Florida 33771
(727) 360-2600 (Phone)
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On 2/2/2012 2:55 PM, Rafael Perez wrote:
>
> 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 <mailto:rperez at mcper.com>
>
>
>
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