[RPPTL LandTen] Applicability of 713.10 lien prohibitionprotection to successor owners/landlords

Mon Jan 30 10:06:09 PST 2012

Thanks for everyone's thoughts on this.  I would tend to agree that this
protection runs with the land upon recording (with regard to compliant
leases of course), but likewise welcome any contrary thoughts or case
law.

Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
http://www.slk-law.com/
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Munoz,
Gisela
Sent: Monday, January 30, 2012 11:52 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien
prohibitionprotection to successor owners/landlords

David's understanding below - that it runs with the land - was my
understanding, as well.  If someone has information/case law to the
contrary, please advise the group.

Best Regards,

Gisela

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

Gisela M. Munoz | Counsel
Hughes Hubbard & Reed LLP | 201 South Biscayne Boulevard | Miami, FL
33131-4332
Office 305-373-5665 | Fax 305-371-8759
munoz at hugheshubbard.com

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Drobner,
David S.
Sent: Monday, January 30, 2012 11:47 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition
protection to successor owners/landlords

I always thought the notice runs with the land and the relevant
leasehold estate to which it relates; never doubted that it remains
effective to protect a successor owner. Title insurance typically shows
those 713.10 instrument(s) as exceptions to title - indicating, again I
always thought, a belief they survive...

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel
Farach
Sent: Monday, January 30, 2012 11:44 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Applicability of 713.10 lien prohibition
protection to successor owners/landlords

Aren't the old leases typically assigned over to the Buyer at closing?
If a new lease is signed, I think the new owner would have to re-record
but I can fashion a really good argument that the Buyer is protected
under the old lease with a proper assignment

________________________________

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and
Business Litigation by The Florida Bar

Richman Greer P.A.
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Suite 1504
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West Palm Beach, Florida 33401
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Haney,
Gregory
Sent: Monday, January 30, 2012 11:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Applicability of 713.10 lien prohibition
protection to successor owners/landlords

Good morning, all -

I know 713.10 has been at the forefront for some of our members lately,
but I don't recall this aspect being discussed, nor has it ever come up
before in my practice.

If an owner properly recorded a 713.10 notice of lien prohibition and
referenced same in a given lease, would a successor owner/landlord have
to re-record the notice upon taking title, or does the protection exist
as long as the relevant lease(s)?

Thanks,

Gregory

Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
www.slk-law.com <http://www.slk-law.com/>

________________________________

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