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

[deborah mastin]

As we are now discussing airport leaseholds, I would be remiss if I didn't also point out that many airports have use restrictions on some portions of their real property.  The restrictions, which could arise from various sources, including the type of procurement used fo form the lease,  may limit the use of the property to aviation, avionics, and support services for aviation and avionics. 

Best to all,

Deb

Deborah Bovarnick Mastin
Florida Bar Board Certified in Construction Law
Florida Certified Circuit Court Mediator 
Florida Qualified Arbitrator
305.505.7448 (cell)





On Feb 3, 2012, at 3:04 AM, Greg Elliott wrote:

> 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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> 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
>>  
>>  
>> 
>> 
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