The court found that the doctrine of merger applied, and since the easement was not mentioned in the deed, Liam's right to the easement was not enforceable. The doctrine of merger plays a critical role …

Tampa, Fla. (August 2023) – Buchanan litigators Chance Lyman and Josh Smith prevailed on behalf of a homeowners association client after the Florida Supreme Court denied a petition for review filed by …

Apr 3, 2023 · The merger doctrine is a doctrine in real estate law. In essence, it states that the real estate property’s transfer contract merges into the transaction’s deed. Therefore, any promises made …

Aug 21, 2024 · With respect to easements, Florida courts have consistently applied the common law merger doctrine, which prevents an owner from creating an easement on their own property by …

Sep 24, 2024 · Up until now, common law has prevented an owner of contiguous property from creating easements for their benefit if they owned all the property involved in the easement. This is known as …

the doctrine of merger by deed, certain terms, covenants and conditions of a contract for the sale of real property are merged with and into the deed to the property upon delivery. Based on the com-mon …

Aug 31, 2017 · The merger doctrine says that all prior negotiations and agreements–including that purchase agreement–are deemed "merged" into the deed. The prior purchase agreement …

Sep 4, 1997 · Finkelstein, 679 So. 2d 889, 889-90 (Fla. 3d DCA 1996) (recognizing general rule that acceptance of deed in real estate transaction merges or extinguishes agreements in underlying …

ne of merger. HB Bill 799 was a top priority of the Real Property, Probate & Trust Law Section of the Florida Bar (“RPPTL”) and the Florida Land Title Association (“FLTA”) due to the case of AFP 103 …

Jun 27, 2024 · However, recent Florida case law has called into question the validity of easements, and by extension other servitudes, contained in a written instrument, if such easements were created at a …