Legal Question in Real Estate Law in Florida
Access through homeowner assoc. property
I live in a 10 lot subdivision with all lots on one side of street. We have nine homeowners. On other side of street is strip of land that on original platt at property appraiser's office says ''dedicated to xxxxx Estates Homeowners Association''. I am the president of the Homeowners Association.In the County's property appraisers online database, the owner of the property is listed as ''xxxxx Estates Homeowners Association''. The address listed for this piece of property is my home address. XYZ developer who owns property adjacent to the strip of land in question wants to put an access driveway through the strip of land connecting to the road. The XYZ developer called the company that developed our ten lots and asked permission for access through the strip of land in question. The developer of our xxxx estates gave permission. We say the developer of our xxxx estates had no authority to do so. The XYZ developer says just because the land was ''dedicated'' on the platt does not mean that is was deeded, even though the property appraiser's database lists xxxx Estates Homeowners Assoc. as the ''owner''. We obviously don't want an access road going in through this property. Any help? Thanks!!
1 Answer from Attorneys
Re: Access through homeowner assoc. property
Who appears as the owner of the parcel in County Clerk's office? ( or the registr's office? ) .. The official land records are determinative of current ownershipnot the tax assessor's records.