Full question:
If you are a land developer and your projects include some of the largest residential subdivisions within the city and your business was developing the infrastructure of its newest and largest subdivision and the city discovered an easement for the city utility line on the subdivision that does not belong to the land developer and the property owner discovered the error also, and both parties are threatening to sue the land developer for fraud against municipality,damages to the property and trespassing, however the adjacent property owner is a citizen of Switzerland. How would you identify the stages and processes for reviewing the situation in civil court?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Florida
Answer:
Generally, in many civil court claims, the plaintiff must prove that the defendant owed a duty, failed to uphold that duty, and such failure caused harm to the plaintiff. The legal procedural steps involve filing a complaint, which must be served on all parties. Parties who are not named as defendants, but who might be liable for the plaintiff's damages may possibly be impleaded as third-party defendants. Typically, a case management conference is held, in which a timeframe is set forth f or exchanging discovery. Discovery involves the exchange of information between the parties through interrogatories, requests for production, depositions, etc. The trial will be held after the discovery phase is complete, if the parties are unable to arrive at a settlement beforehand.
In the case of an undisclosed easement, the court will consider who owed the duty to disclose the easement. Often, title insurance is obtained in connection with the sale of real property. If the title company failed to discover the existence of the easement, they may be liable for the damages suffered by the parties to the transaction. Whether the easement should have been discovered will depend in part on whether it was recorded in the recorder's office in the county where the property is located.
In order to prove fraud, it must be shown that there was an intent to mislead another. Proving intent will be based on the facts and circumstances in each case. The plaintiff must show the following:
1. A false representation.
2. Knowledge that the facts stated were untrue.
3. Intent to deceive the victi.
4. Actual belief by the victim, who is ignorant of the falsity of the representation, that the false representations are true.
5. Damages were suffered by reliance on the untruths.
When a defendant resides in anther jurisdiction, it must have "minimum contacts" with the state in which it is being sued to give the court jurisdiction to call the person into court. Ownership of real property in the state is sufficient to establish minimum contacts in the state. The service of legal papers in a foreign country can be complicated, so it is recommended to consult a local attorney who can review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
