Florida Court Limits Property Fee-Shifting Agreements

The Florida Supreme Court ruled that legal fee provisions in property deeds do not bind future owners.

Updated on Oct. 29, 2026 in Apartments

Isometric editorial illustration of a brass survey marker set into a limestone block, representing Florida property law. — The Florida Supreme Court ruled that property fee-shifting agreements, such as those regarding utility access, do not apply to future landowners. AI Illustration. Upload story photo >

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Should property deeds be allowed to bind future owners to specific legal fee arrangements?

The Florida Supreme Court has ruled that property fee-shifting agreements do not run with the land. This decision prevents property owners from enforcing contract provisions that require future owners to pay legal fees for access disputes.

Why it matters

This ruling protects future property buyers from being unintentionally bound by long-standing legal fee agreements established by previous owners. It clarifies the legal boundaries of what can be attached to land deeds in Florida.

The Florida Supreme Court determined that fee-shifting provisions do not meet the legal criteria to run with the land. This decision directly impacts the enforceability of winner-gets-their-fees clauses in property deeds across the state.

The players

Florida Supreme Court

This is the highest court in the state of Florida and serves as the final arbiter on state law matters.

RJ International Trading

This organization was a party in the lawsuit regarding fiber optic cable installation and property deed terms.

Crown Castle

This company is a provider of communications infrastructure that was involved in the property access dispute.

The details

The case involved a dispute between RJ International Trading and Crown Castle regarding the installation of fiber optic cables on land. The US Court of Appeals for the Eleventh Circuit referred the matter to the state court to determine if such obligations bind subsequent property owners.

October 29, 2026: The Florida Supreme Court issued the ruling.

Culture Shift

This ruling recalibrates the balance between private property contracts and the common law doctrine of covenants running with the land. By limiting how far legacy agreements can reach, it reflects a shift toward protecting the autonomy of future property owners.

Florida property owners and prospective buyers no longer need to fear being saddled with legal fee obligations negotiated in deeds long before their purchase. This clarifies the financial risks associated with property access easements and deed restrictions.

The takeaway

Property owners should review their existing deeds to understand what specific obligations remain attached to their land. Buyers should consult with legal counsel regarding access easements to ensure they are not inheriting unwanted financial liabilities.