If you plan to acquire multiple plots of land in the City of Miami and develop a new construction project on the site, you may need to comply with the city’s Unity of Title Process, as well obtain an Opinion of Title for Miami-Dade County.
What Does the Unity of Title Process for the City of Miami Entail?
The Unity of Title Process is set forth in Article 9 of the City of Miami*s Zoning Ordinance. It requires that the property owner of any lots and/or parcels making up 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 you and any successor or assigns.
A Unity of Title form is a prerequisite to obtaining a building permit from the City of Miami*s Building and Zoning Department. Article 910.2 of the City*s Zoning Ordinance lists several instances in which you must submit a Unity of Title document to the City, 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 City of Miami. The attorneys at Jurado & Farshchian know how to handle the Unity of Title process and the necessary documentation that must be submitted to speed up the process.
Understanding Miami-Dade County*s Opinion of Title Requirement
For property owners seeking a Development Agreement, Declaration of Use, Unity of Title, or other zoning-related legal instrument, Miami-Dade County requires 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 a Opinion of Title letters for Miami-Dade County.
We Can Assist You with the Unity of Title Process, Opinion of Title Letters, And More.
Regardless of where your real estate goals take you, Jurado & Farshchian*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 of the City of Miami and Miami-Dade County, respectively, as well as address any number of other regulatory matters concerning your real estate investment or development.
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If you would like to learn more about our title and real estate services, contact me at (305) 921-0440 or email me directly at [email protected] or visit www.JFLawFirm.com.
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