If you own or plan to acquire multiple plots of land in Broward or Miami-Dade County (or other counties in the State of Florida) and develop a new construction project on the site, you may need to comply with the Unity of Title process, as well obtain an Opinion of Title. Other zoning processes also often require an Opinion of Title, including Covenants in Lieu of an Opinion of Title and Declarations of Use. Each process for which an Opinion of Title letter may be needed involves its own forms and procedures, so it is highly advisable to consult with our team of real estate experts to comply at minimal cost and delay.
What Does the Unity of Title Process Entail?
Each city and county has its own unity of title process. For example, the Unity of Title process for the City of Miami is set forth in the City of Miami’s Zoning Ordinance. It requires that the property owner of any lots or parcels for a proposed building site execute a written agreement with the City of Miami establishing that these lots will not be conveyed, mortgaged, or leased separately from one another. Instead, they must be held together as one tract of land. This agreement must be recorded in the public records of Miami-Dade County and is binding upon the property owner and any successor or assigns.
A Unity of Title agreement is often a prerequisite to obtaining a building permit. A city or county’s zoning laws may list several instances in which you must submit a Unity of Title document, such as if off-street parking is located on adjacent lots or offsite, if the main structure in a building site will include accessory-use buildings on the remaining lot(s), or if the building site consists of more than one platted lot.
Needless to say, if you plan to invest or develop a multi-phased and/or mixed-use development, you must ensure that a Unity of Title agreement is properly drafted, executed, recorded, and presented to the applicable government authority. The attorneys at Farshchian Law, P.A. know how to handle the Unity of Title process and the necessary documentation that must be submitted to speed up the process.
Understanding the Opinion of Title Requirement
For property owners seeking a Development Agreement, Declaration of Use, Unity of Title, or other zoning-related legal instrument, the local government authority may require an Opinion of Title signed and prepared by an attorney authorized to practice law in the State of Florida. The Opinion of Title is based on the attorney’s examination of the subject property’s title insurance policy, title abstract, and/or title examination.
Essentially, the attorney certifies that the title record is correct and complete; affirms the legal description of the property; notes any encumbrances, liens, special exceptions, and other exceptions (if any); and certifies that there is nothing hindering the recording or enforcement of the legal instrument by the county. Our attorneys know what the county is looking for and are qualified to provide Opinion of Title letters.
We Can Assist You with the Unity of Title Process and Opinion of Title Letters.
Regardless of where your real estate goals take you, Farshchian Law’s dedicated team of real estate attorneys will be with you every step of the way. We can help you understand and comply with the Unity of Title and Opinion of Title requirements for the City of Miami, Broward County, Miami-Dade County, or any other municipality or county in Florida, as well as address any number of other regulatory matters concerning your real estate investment or development. If you would like to learn more about our real estate services, including for a Unity of Title or Opinion of Title letter, Please call us at (800) 604-1871 or or send an email to Info@JFRealEstateLaw.com.