...At common law, a leasehold interest was considered a type of
personal property, not realty. See Aurora Grp., Ltd. v. Dep’t of Revenue,
6
487 So. 2d 1132 (Fla. 3d DCA 1986). This concept is incorporated into
section
713.11, Florida Statutes, titled, “Liens for improving land in which
the contracting party has no interest.” In this section, Florida’s construction
lien law explicitly states that “[w]hen the person contracting for improving
real property has no interest as owner in the land, no lien shall attach to the
land . . . .” §
713.11, Fla....
...contractors doing work for those tenants have lien rights not on the
property, but on the leasehold interest of that tenant.
1
The parties were afforded an extensive hearing and yet the record
indicates that the petitioners did not once refer section
713.11 to the trial
judge.
2
Inapplicable here, section
713.12 is titled: Liens for improving real
property under contract with husband or wife on property of the other or of
both.
7
Finally...
