Legal Question in Real Estate Law in Florida
i granted a utility easement for a barter consideration in 2001 - i am being sued by the attorney who prepared the instrument for the HOA - we discussed the barter - no receipt - the HOA agent installed a irrigation system in 2001 then the reclaimed water service in 2005 as our verbal agreement - HOA attorney now october '09 comes and says where is written agreement to this barter - accuses me of tapping into their water - i have asked them for proof of consideration but no word back - we have court mediation first week of december '09 - is there a statue of limitations ? is a verbal agreement not accepted in court - i didn't even receive the $10 consideration and the value of the easement, i know, is worth some dollars - the irrigation system and water service was more than fair to the HOA - HOA agent had installed a "400' deep water well" and main reclaimed water lines on my property without permission, i was ok with the barter, any advice, i have responded to all HOA suit requests and now he has lettered me that he will seek attorneys fees if i don't withdraw my claim to keep the questioned water service that was barter, thanks
1 Answer from Attorneys
The statute of frauds requires contracts for an interest in land be in writing. However, you may have some other claims/defenses. You should contact an attorney in your area.
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