Monthly Archives: July 2015

Home » 2015 » July
Land Use Attorney Ocoee

 

OWN A LAKE PROPERTY? MAYBE, MAYBE NOT! LAND USE & LAWYERS IN OCOEE, CLERMONT AND WINTER GARDEN

Why would anyone ever need a land use attorney? Ocoee residents have experienced a situation mush like this:

Sally and Frank Lakebuyer are ecstatically happy over the purchase of Lakeacre, a beautiful waterfront estate on Lake Beautiful in central Florida. They live their happily for several years, and their kids become sun-tanned water rats – and pretty darn good water skiers. Being good parents, Sally and Frank decide to put in a slalom ski course on their lake – nothing too fancy, just 22 plastic buoys anchored to the lake bottom.

Sally and Frank do a bit of internet research, purchase a kit for a course, and in one weekend have a fun and healthy hobby ready to go on their very own lake. They ski their hearts out for a couple of weeks, until an official from the Florida Department of Environmental Protection knocks on their door and starts asking questions about the floats in the lake. “It’s our lake”, say the Lakebuyers, “here is our deed”.

Too bad, says the FDEP. Your deed doesn’t mean anything. The State of Florida claims to own the bottom of Lake Beautiful, as “Sovereign Submerged Lands”. The course has to come out!

WHAT HAPPENED?! I HAVE A DEED?! I MUST OWN THE LAKE?!

The legalese and how a land use attorney in Ocoee can help.

Unfortunately, that deed for your property, at least the part that extends below something called the “Ordinary High Water Line” (just a fancy way of saying how high the water normally rises on a seasonal basis) may not be worth the paper it’s written on. Here is why, and what you can and should do about it BEFORE you buy lakefront property.

When Florida became a state in 1845, the state took title from the U.S. Government of all the land below the ordinary high water line of any waters that were “navigable”. “Navigable” doesn’t mean it had to have big steamboats running up and down, it only means that the water was capable of providing commerce to the local population. A canoe with a few furs in it, or maybe firewood for the next village. The gist is, the State of Florida generally claims every lake over 160 acres as “sovereign submerged land”.

The problem is, there is usually no notice to buyers of such property – no signs, no notations on deeds – the deed you get at closing may well show that you are buying the entire property, even the lake bottom– BUT YOU ARE NOT. In many cases you even pay property taxes on the “land” that the state owns. In a final insult, your title insurance will likely not cover a claim, since it probably contained a specific exclusion for lands below the ordinary high water line claimed by the state.

As an owner of lake edge, you still retain certain riparian rights to use the lake, even if the state owns the lake bottom. But they are more limited, harder to permit, and require a “lease” fee, paid to the State of Florida.

So before you purchase lakefront property, Do these things:

First, hire a qualified Ocoee land use attorney to represent you in the closing process.

Review the Title Commitment with that land use attorney, and look for the “sovereign submerged lands” exception discussed above.

Get a Sovereign Submerged Lands Determination from the Florida Department of Environmental Protection. The right attorney can help you with that as well.

Know before you close. It may be you can live with the state owning your lake bottom. In the case of Sally and Frank Lakebuyer, there was a happy ending. With the help of Ocoee land use lawyers here at Nagel Law, we were able to obtain a Sovereign Submerged Land Lease and an Environmental Resource Permit for their slalom course, even though it wasn’t easy or cheap.
The answer is the same as most legal issues — do your research up front, and avoid a surprise later! Do you have a situation that might require some the insights of a professional, or even legal action. Call Nagel Law, Clermont’s and Ocoee land use attorney experts for a free consultation.

 

Clermont Family Law Attorney

 

When you are in need of a Clermont family law attorney or divorce lawyer, call the Nagel Law Firm.

If you are going through a divorce or custody dispute you need a compassionate and knowledgeable Clermont family law attorney. Clermont and Lake County residents can turn to Nagel Law Firm to explain all the options during this emotionally difficult time. Rather than working on a huge volume of cases, our divorce attorneys provide one-on-one advice and compassion for the unique circumstances of youe case, working with you to meet your needs and priorities. Our experienced Clermont family law lawyers understand the emotional challenges that a divorce or custody dispute can create.

During a divorce or paternity action you need Clermont family law attorneys to explain the process and help you obtain an outcome that meets your current and future needs. A divorce or family law lawyer, Clermont residents know, can advise you as to your options regarding custody, property distribution, alimony and child support and help you obtain the results you desire.

Types of Issues in a Family Law Case

There are many issues that can arise during a family law case, making it all the more vital that you choose a Clermont family law attorney or divorce lawyer that can work with you on the specifics of your individual needs. Divorce lawyers have the knowledge and experience to help you navigate divorce. First, if there are children involved, you need a knowledgeable and experienced Clermont divorce attorney who can help you settle custody issues. This will involve deciding issues relating to timesharing and parental responsibility in the light of the best interests of the children.

A second type of issue typically involved in a divorce case is property division. In Florida, the Court will take an equitable distribution approach to splitting up property. Your Clermont divorce lawyer can guide you through this process and help you plan for all outcomes. It is important to know your rights before the marriage is dissolved and defend them. Lake County residents have trusted in Nagel Law Firm’s expertise in these matters for quite some time.
Finally, there are often issues relating to alimony and child support. The Nagel Law Firm’s divorce attorneys can explain the different types of support and how to obtain the support you need now and for the future. These are decisions that will effect your for a long time, so it is important to get it right.

A Client First Approach From a Family Law Attorneys Clermont Residents Can Trust

 

Nagel Law Firm believes in changing the world, one client at a time. Each case is viewed with personal interest and attention, putting your goals and needs as clients first. You will meet with one of our experienced and qualified divorce attorneys to establish what sort of issues will arise. You will be advised by the Nagel Law Firm as to your rights and what the law entitles you to relating to property division, custody, alimony and child support. If you are looking for a family law attorney, Clermont can turn to Nagel Law Firm.

 

Criminal Defense Attorney Clermont

 

When you are in need of a Clermont criminal defense attorney call the Nagel Law Firm for your free, criminal consultation.

If you are arrested in Lake County, you will need an experienced Clermont criminal defense lawyer you can count on to fight for you. After an arrest, Clermont and Lake County residents can turn to Nagel Law Firm to evaluate your criminal case and ensure your rights are protected. Nagel Law Firm provides experienced Clermont criminal defense attorneys to give you one-on-one advice and options for your case, working with you to protect your rights.

Whether you have been charged with a misdemeanor or felony, Nagel Law Firm can help. A criminal defense attorney, Clermont residents know, will guide you through the process and ensure your rights are protected.

Types of Criminal Matters the Expert Criminal Defense Lawyers at Nagel Law Firm Handle

The Nagel Law firm can help Clermont and Lake County residents arrested for misdemeanors, felonies and DUI. Our experienced criminal defense lawyers can help you from arrest through trial. Being arrested and charged with a felony, misdemeanor or DUI can have far ranging consequences. Our Clermont criminal defense attorney can help protect your rights. We will fight for you.

A Client First Approach From a Criminal Defense Attorney, Clermont, Ocoee and Winter Garden Can Trust

Nagel Law Firm believes in changing the world, one client at a time. Each case is viewed with personal interest and attention, putting your needs as clients first. You will meet with one of our Clermont criminal defense lawyers who will help ensure your rights are protected. You can count on compassionate, personal attention from a proven expert with a know-how and experience to win important cases. Call us today for a free consultation.When looking for a criminal defense attorney, Clermont can trust Nagel Law Firm.

 

Contact US TODAY


  • Please leave this field empty.
  • captcha
  •  I have read the disclaimer.
  • Press Esc to close

Serving West Orange County, Lake County, Sumter County & Marion County

  • TESTIMONIALS

    The more I get to know her the more convinced I am that she is the right attorney for me. The compassion and integrity I have seen is quite remarkable and I highly recommend you use her office to service… ~ Kelly,

  • TESTIMONIALS

    Ms. Nagel represented my wife and I in a bankruptcy case and also in a recent real estate transaction. I felt compelled to share our experience. Ms Nagel and all of her staff handled everything in a very professional matter… ~ Mike,

  • TESTIMONIALS

    Merideth Nagel has been a help to me, over the last 10 years, for multiple legal issues! As her client, and as a realtor who utilizes her real estate and title services, Merideth, along with her phenomenal staff, has afforded… ~ Tiki Jackson,

  • TESTIMONIALS

    “If it weren't for Merideth Nagel and her top-notch team of seasoned professionals, I shudder to think where my family would be today. At this firm, you are not a name, a face, a case number, or a quagmire. You… ~ Heather, Clermont

  • TESTIMONIALS

    “Merideth and her team have been a real blessing to me over the years! She helped me with real estate several times and estate planning. I can recommend her with full confidence!” ~ Nancy, Orlando

  • TESTIMONIALS

    “We utilized Nagel Law to assist us with a real estate transaction a little over a year ago. Merideth and her entire staff treated us with the utmost professionalism as well as eased our minds pertaining to this transaction. We… ~ Lynette, Orlando