In short: In City National Bank of Florida v. Signature Land (Fla. 5th DCA 2024), a developer whose purchase contract had failed kept pursuing rezoning of 364 acres held in a land trust, without a binding deal or promise of payment. After the sale never closed, a jury awarded him unjust enrichment. The court reversed: he was an “officious intermeddler,” so the benefit wasn’t unjust.
Land trusts are common in Florida real estate and family planning. This case shows how courts treat someone who improves trust property without a deal.
The Facts
A developer tried to buy about 364 acres in Lake County held in a bank land trust. A 2013 contract failed. He then pursued rezoning anyway, with no binding purchase agreement and no promise of payment, and filed an application carrying a signature he knew the trust’s beneficiaries hadn’t approved. The rezoning succeeded; the sale never closed. A jury found for the developer on unjust enrichment.
The Decision
The Fifth District reversed the denial of a directed verdict (No. 5D2023-0308, Oct. 25, 2024). The developer acted out of his own self-interest, to attract investors, with no contract and no promise of compensation. That made him an "officious intermeddler." A benefit conferred that way isn’t unjust for the owner to keep, so the claim failed as a matter of law. The court relied on the Restatement (Third) of Restitution and Florida cases including Tipper v. Great Lakes Chemical Co.
Why It Matters for Trusts
- A trustee and its beneficiaries aren’t obligated to pay for improvements nobody agreed to.
- Anyone working on property held in trust should get a written agreement with the trustee, authorized by the beneficiaries where the trust requires it.
Lessons
- Developers and contractors: no contract, no recovery is often the result.
- Trustees: document that you didn’t request or accept unsolicited work.
Source: City National Bank of Florida v. Signature Land, Inc., No. 5D2023-0308 (Fla. 5th DCA Oct. 25, 2024).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Bank Trustee vs Real Estate Developers: Florida Land Trust Dispute Explained | 23-0308
Go Deeper
Frequently Asked Questions
What is a Florida land trust?
A trust where a trustee holds title to real property while beneficiaries hold the beneficial interest and usually direct the trustee.
What is an officious intermeddler?
Someone who confers a benefit without a request or agreement, for his own reasons. Florida law generally denies recovery for that benefit.
Can you recover for improving property you don't own without a contract?
Usually not, if you acted without a request or promise of payment, as City National Bank v. Signature Land shows.
What did the court decide?
The Fifth District reversed the unjust enrichment verdict in 2024.
Talk to a Florida trust and real estate lawyer
Weidner Law, P.A. handles Florida trust disputes and probate appeals from St. Petersburg. If you need a trust litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
