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

[Greg Elliott]

On afterthought, I guess I should follow-up by noting that I emphasized 
it was a "recorded lease" because my recollection is that the statute 
also provides that where a landlord (private or public) has taken care 
to record the lease, and the recorded lease includes language 
prohibiting the imposition of liens for improvements contracted by the 
tenant, then there are no lien rights.  I haven't gone back to check the 
statute recently, but if my recollection is correct it obviously puts 
the burden on the contractor to check public records before inking the 
contract to improve leasehold property.

G. Elliott


Gregory T. Elliott
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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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