Questions Raised as Fla.'s Longstanding Common Law Merger Doctrine Conflicts With New Legislation
House Bill 799 was signed into law by Gov. Ron DeSantis and became effective on June 26, 2024. Through this legislation, codified in Section 704.09 of the Florida Statutes, the Florida Legislature created a new tool by which property owners can ensure the use of real property matches their expectations. But, will it become the subject of litigation?
September 18, 2024 at 11:17 AM
9 minute read
Board of ContributorsThe right of an individual to acquire, possess, and convey real property is fundamental to our society and economy. In Florida, the scope of private property rights is derived from principles rooted in common law, case law, and statutory law. One significant principle that has become the subject of recent legislation is private land use arrangements that burden and "run with the land" so as to bind all future owners of the real property.
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