Legal Question in Real Estate Law in Florida

I have an agreement for deed (Florida) also known as an installment sale contract or contract for deed.

The seller holds legal title as security until all payments are made. When the buyer has made all of the payments under the contract, the seller delivers a deed to the buyer.

The agreement for deed has been recorded in the public records and we pay all the taxes.

Here’s the problem: Seller dedicated an easement for ingress or egress, two years into our contract and I was not made aware of this nor is this in our contract, did he have the authority to do this? Is this dedication valid? We did a title search on the property and found this in the records. Is there anything we can do?

Asked on 8/22/09, 4:11 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Depending on your contract, the seller may be in breach. Unless you filed a notice of the sale with the County clerk, you are stuck with the easement.

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Answered on 8/22/09, 4:18 pm

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