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Florida court limits attorney-fee claims for future property owners

A Florida Supreme Court ruling has clarified that legal-fee clauses in property agreements cannot automatically bind subsequent owners of land. The decision arose from a dispute where one party won trespass damages but was denied associated attorney fees.

LSN India · 7 November 2026

Florida court limits attorney-fee claims for future property owners

The Florida Supreme Court has established an important precedent regarding the enforceability of attorney-fee clauses in property agreements, ruling that such provisions do not automatically extend to future property owners.

The case stemmed from an easement agreement between Crown Castle South LLC and RJ's International Trading LLC. After RJ's secured a damages award of $40,000 for trespass on the property, it sought to recover attorney fees incurred during the dispute, citing the original contractual agreement.

The court rejected RJ's claim for legal fees, determining that the attorney-fee clause in question lacked a direct connection to the use or enjoyment of the land itself. This distinction proved critical to the ruling.

The decision clarifies that property owners and successors cannot rely on fee-shifting provisions unless those clauses are specifically tied to substantive rights affecting the property's actual use. The ruling has implications for property disputes across Florida and may influence how similar agreements are structured in other jurisdictions.

Legal experts note that parties entering into easement and property agreements should carefully review how attorney-fee provisions are drafted if they intend such clauses to apply beyond initial signatories.