Melbourne Beach Eminent Domain Lawyer, Florida

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Andrew Easler
About | Practice Areas
Easler Law, PLLC
508 N. Harbor City Blvd. Melbourne, FL 32935» view map
Real Estate Law
Details Matter.®

At Easler Law we recognize that small details can make a tremendous impact. Attorneys who take the time to listen carefully and understand their clients.

800-676-7130
1. Andrew Easler Melbourne, FL
  Attorney at Law - FL, 2021
  Florida A&M University J.D. 2020
2. AboutEasler Law, PLLC
  Little things make big things happen.
3. Practice AreasExpertise
  Real Estate Law
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LEGAL TERMS

INTANGIBLE PROPERTY

Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items... (more...)

Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.

DEMURRER

A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)

A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.

CONDITIONS OF CARRIAGE

The terms of your contract with an airline after you buy a ticket. Conditions of carriage cover everything from baggage limitations to the amount of compensatio... (more...)

The terms of your contract with an airline after you buy a ticket. Conditions of carriage cover everything from baggage limitations to the amount of compensation you can recover if you're injured on the flight. These provisions often vary from airline to airline. A few, but by no means most, conditions of carriage appear in the fine print on the back of your ticket. To find out about the rest, you can ask the airline for a copy; it is legally obligated to provide one. The conditions of carriage contain a lot of fine print detail and will not make for exciting reading.

ILLUSORY PROMISE

A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For ex... (more...)

A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For example, if you get a new job and promise to work for three years, unless you resign sooner, you haven't made a valid contract and can resign or be fired at any time.

RUNNING WITH THE LAND

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.

ENCROACHMENT

The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of... (more...)

The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of the builder. Solutions range from paying the rightful property owner for the use of the property to the court-ordered removal of the structure.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

SAMPLE LEGAL CASES

Essex Ins. Co. v. Zota

985 So.2d 1036 (2008). ESSEX INSURANCE COMPANY, Appellant, v. Mercedes ZOTA, et al., Appellees. No. SC06-2031. Supreme Court of Florida. June 26, 2008. 1038 Douglas M. McIntosh and Robert C. Weill of McIntosh ...

Walton County v. Stop Beach Renourishment

... [because] Florida's law is clear that riparian rights cannot be severed from riparian uplands absent an agreement with the riparian owner, not even by the power of eminent domain. Id. (citing Belvedere Dev. Corp. v. Dep't of Transp., 476 So.2d 649 (Fla.1985) as controlling). ...

System Components Corp. v. FLORIDA DOT

... See Â§ 74.011, Fla. Stat. (2004) ("In any eminent domain action, properly instituted by and in the name of ... ... Relevant Eminent-Domain Doctrine and an Overview of Statutory Business Damages. Eminent Domain and "Full Compensation". ...

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Melbourne Beach Eminent Domain Lawyer, Florida

Sponsored Law Firm

Easler Law, PLLC

SPONSORED LAWYERS

J. Patrick Anderson

Larry V. Bishins

Stewart Bryan Capps

Kenneth J. Manney

Leigh Richard Meininger

Julia M. Cook

Ashlyn E. Smith-Sawka

Edward Chester Tietig

Anne Lyndsay Vliegenthart

Wendy Lee Fisher

TIPS

LEGAL TERMS

INTANGIBLE PROPERTY

DEMURRER

CONDITIONS OF CARRIAGE

ILLUSORY PROMISE

RUNNING WITH THE LAND

ENCROACHMENT

FORECLOSURE

NET LEASE

BASIS

SAMPLE LEGAL CASES

Essex Ins. Co. v. Zota

Walton County v. Stop Beach Renourishment

System Components Corp. v. FLORIDA DOT

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