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

[Arthur J. Menor]

Although the recitation of facts in the opinion is not free from doubt, it appears that the blanket notice that was the subject of the Everglades Electric case was recorded by a predecessor in title to the landlord party to the lawsuit which would imply that the notice “runs with the land”.

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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