Florida Real Property Law Key Terms

Terms to know regarding ownership and regulation categories in Florida real property law

By Kimberly Huber

Real property law in Florida can be complicated. If you are purchasing real estate in Florida, the best way to begin is understanding the basic categories of ownership, taxation and land use regulations, and then move on to the more specific laws under those categories.

The following terms will help familiarize you with the basic ownership types in Florida and the real estate regulation categories regarding land use and taxation dealt with by Florida real property law.

Property insurance

Florida requires proof of homeowners insurance before closing on a real estate property. The property insurance rates are based on both past and anticipated losses in the state of Florida only. Property insurers cannot use profits from business done in other states to subsidize Florida losses.
Try: Trend Magazine gives some basic facts about Florida's property insurance issues.

Zoning ordinances

Zoning regulations are decided on by local government in order to control how real property can best be used for the overall community. They must include residential, commercial, industrial, and agricultural interests. Variance permits, or conditional use permits make exceptions for property use if local government can be convinced that the use will benefit the community.
Try: Municode.com is an information source for all city and county codes, ordinances and minutes in the state of Florida.

Assessments and special assessments

An assessment is the way the state levies property taxes. The value of the home is assessed, but this is not necessarily the property's true market value. A special assessment is when a tax is levied in order to cover the cost of improvements that will have an added value for the property. Common special assessments are for street resurfacing, sidewalk repair, or street lighting installation.
Try: The Florida Department of Revenue oversees the property tax rolls for all Florida counties through the Property Tax Oversight Program.

Tenancy in common, or TIC

Tenancy in common is one type of co-ownership. These co-owners share the right to sell or put an encumbrance on the real property. Right of survivorship is not a trait of tenants in common. When a tenant in common dies, their ownership interest passes to their heirs as part of the estate.
Try: Sirkin Paul Associates has a detailed explanation of tenancy in common.

Joint tenancy

Joint tenancy is another type of real estate co-ownership. Each separate owner has the right to sell, posses or put an encumbrance on the entire property. The right of survivorship applies in joint tenancy. When one owner dies, the remaining joint tenants split the deceased's share equally. This way, joint tenancy is a way to avoid probate and estate taxes for the surviving joint tenant or tenants.
Try: Sarasota Florida Real Estate describes the various ways to hold a title on Florida real estate.

Land use laws

Land use laws go beyond zoning laws to determine how a structure may be built, as well as its size and where it may be located on the property. Building codes and certificates of occupancy are a couple of examples of land use laws.
Try: View a complete list of all land use laws on the Florida Legislature website.