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What are the elements of real estate deed? I’m taking this question as is what are the warranties under, a warranty deed. And very candidly, I had to look these up and they’re in the English common law, which is incorporated into our Florida warranty deeds. And I’ve gotta look at my notes here. It says, these are the warranties. A Quiet enjoyment is one of the warranties two, a covenant against encumbrances. And I think  that’s probably the biggest one, three, a covenant of season, meaning that you own the property, four, a covenant that says you have a right to convey the property. Five, further assurances, is meaning that you’ll and six defend the title. I think the last two are probably will overlap each other, but usually with a warranty deed, the biggest thing is that the person who’s conveying it, well says that there’s no liens or encumbrances against the property and they have a warranty as far as that’s concerned. That’s I guess, concern anymore. We have title insurance and transactions so that you have you don’t have to look to the seller for these defects and the title. You can look at your title insurance policy. So if you have any questions, give me a call at (727) 847-2288.

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What is an encroachment, as when an object is placed over a boundary line. Most instances you get a survey which would show whether or not there is any objects, which are usually fences that may be encroaching on a boundary line. Hopefully it’s not a house or a permanent structure, but any event that  a survey would show if there are any encroachments within the boundary line. Another example of an encroachment is when the encroachment is into a easement, let’s say there’s an easement across the back of your property, for utilities, and, and drainage. And you build a swimming pool and that the swimming pool is can encroach or be installed or portion of be installed into the easement that of being an encroachment into the easement. So encroachment is whenever something is, an object or something is put in over a boundary line. And that’s an encroachment. If you have any questions on that, give me a call at (727) 847-2288.

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What if I do not like my neighbor’s landscaping? Well, there’s nothing that you can do about your neighbor,  landscaping, or the way that they maintain their property. Is it, if it does not violate your, your restrictive covenants in your homeowner’s association, if the landscaping does well, then you can urge the homeowner’s association to take action, to have it corrected, or you under the restricted covenants could file an action to have it corrected, or you could see if it violated any of the county ordinances as far as that’s concerned, but otherwise it’s just something you have to live with. As far as your neighbor’s concerned, sort of like there’s no restriction on how, what color do they paint their house? If they painted some gosh awful color? Well, you just need to close your eyes when you pull in your driveway every day. So, I don’t know that’s sort of a neighborhood dispute, but if you have any questions you can call me at (727) 847-2288.

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Why is a title review important in a real estate transaction? Well, the obvious reason to me is that you want to know whether or not there’s any liens on the property. Also, you want to confirm who the actual owner of the property is, and does not take someone at face value saying that they own the property particular if you’re buying it. So #1, a title search would be done. And certainly in Florida, I would recommend that you obtain title insurance. So, a complete title search would be done to determine the ownership and what liens or in conferences there are against the property, if there’s any outstanding bills, any judgment liens, any wild deeds or, someone has attempted to transfer the property. So those are all in important and almost every real estate contract will provide that to the buyer or seller would be paying for title insurance. So that they’re assured that they’re getting marketable title to the property and that there are no outstanding judgments or liens of against the property are none that they’re aware of or any unsatisfied mortgages as far as that is concerned. So if you have any questions, give me a call at (727) 847-2288

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Can I take legal action if I have noise dog complaints against my neighbor? Well, the action that you would need to take would be a nuisance action, and that is, would be very expensive for you to file that also difficult for you to prove. And even once you got an order as far as a nuisance is concerned by the court, telling the person to abate the noise, it’s even difficult to have that enforced since it’s a court order and the persons may be held in contempt to court. So, you do not have an effective legal remedy to take care of the noise complaint with a barking dog. You can certainly call your local code enforcement folks as far as the noise, but really you don’t have a very effective way to do that. Filing an action for nuisance would be very, very expensive and difficult to prove and also difficult to enforce. So,  I don’t have a good practical solution or a good alternative to the problem. My phone number (727) 847-2288.