Donald A. Burns, a resident of South Florida, has brought a lawsuit against Palm Beach for rejecting his proposal to construct a contemporary-style house on his waterfront property on the island’s North End. The court found that the city of Palm Beach did not infringe on Mr. Burns’ First Amendment rights when it declined his petition to build a structure that would stand out significantly from the rest of the properties in the neighborhood.

The Palm Beach Architectural Commission has traditionally insisted on relatively well-coordinated architecture, and the court agreed with the defendant. Mr. Burns subsequently took the matter to a higher court in the state in an appeal, but was unsuccessful in getting the verdict overturned.

The appeals court also maintained Palm Beach’s authority to deny residents permission to construct housing or other structures that would appear out of place in the neighborhood. According to the appeals court,  Burns’ 14th Amendment right to due process was also not infringed upon. When the municipality reviewed the architectural designs for the home, Mr. Burns was given a reasonable amount of time to offer up a supporting argument. 

Get Assistance With Asserting Your Property Rights During a Construction Lawsuit 

Being involved in construction or real estate litigation is expensive, especially when you’ve already spent so much time and money on design and brainstorming ideas.  As a property owner, you expect to have the ability to build the home or other facilities you want without being concerned about others dictating what you can and cannot do with land that you own. After all, this freedom is one of the most appealing aspects of owning property. 

If your home design or building plans have been rejected, or if your HOA or another authority has contacted you regarding your property and ordered you to make changes, you may benefit from legal assistance.

Contact an Experienced Florida Real Estate Construction Law Firm Today 

If you’re involved in real estate or construction litigation of any kind, it’s critical that you act quickly to secure adequate legal representation. An experienced litigation attorney can help you avoid excessive time and costs while increasing the likelihood that the final judgement will be in your favor. 

Call Feinstein Real Estate Litigation & Business Law today to learn more about your rights as a property owner or to discuss how to defend your rights at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami). 

Is it possible for someone who doesn’t know you or vice versa to sell your house to someone else? Such a situation sounds like it could never happen, but it’s a frightening reality for one woman in South Florida. Here’s what you should understand about deed fraud in real estate, how it occurs, and how to avoid it.

The Dispute 

Homeowner Shirley Gibson was taken aback when she learned that her home had been posted on Zillow for sale and had been successfully bought for $230,000 by an unwitting bidder. An Aventura, FL title company says it was scammed for the above amount and unfortunately,  Gibson’s property is now unlawfully on the market again. Gibson has put up a “Not For Sale” sign to hopefully deter would-be buyers. Although it’s not likely that Gibson would be forced out of her home, the upcoming legal battle to clear the title will be costly. 

Deed Fraud 101 

Real estate deed fraud is a type of identity theft that is generally less frequently heard of than other types of identity theft and fraud. Deed fraud, also known as property title theft, occurs when someone uses your identifying information as their own and forges your signature on a property title. 

Deed fraud is commonly attempted after a landowner has passed away. Scammers will research the newspaper obituaries for property owners who have died and left their homes vulnerable to deed theft. This type of fraud happens often with abandoned houses and vacation houses, yet fraudsters may still target properties that are in use, like scammers did to Shirley Gibson. These thieves may try to reside in the house or swiftly sell it to get the cash before they get caught.

How a Real Estate Litigation Attorney Can in South Florida Can Assist You 

If you or a loved one have been victimized by real estate deed fraud, you have legal options that can help you prevent someone else from claiming ownership of your home. These lawsuits can be challenging though, and generally require the assistance of an experienced real estate litigation lawyer.

At Feinstein Real Estate Litigation & Business Law, we can help you understand your rights and determine which legal avenues are appropriate for you. If settlement efforts are unable to resolve the matter, we’ll fight for you in court and our legal team will fervently advocate for the most favorable outcome possible.