Uncovered 1936 deed causes complications for Luminary Hotel construction

The city of Fort Myers has to go to court to clear the title on a property so bank financing can move forward on a new hotel downtown

Documents standing in the way of the new 12-story Luminary Hotel may crumble in court.

Attorney Jim Humphrey said, “That portion of the hotel site impacted by the restrictions is actually less than an acre.. nine-tenths of an acre.”

The city is pursuing what’s called a Quiet Title lawsuit to clear the title of the  property impacted by a recently uncovered 1936 deed.

Attorney Joan Henry said, “We see that quite often where Quiet Title lawsuits are filed and it simply clears the title so the owner who has paid for the property now has clear title to use that property. The dead reads that the land – where the hotel would partially sit – only be used for a park and yacht basin.” However the city believes that won’t stand in its way.

That portion of the hotel site impacted by the restrictions is actually less than an acre..9 tenths of an acre. the hotel site contains land that as i said earlier conveyed to the city in 1936 and 1937 and that it was, our consideration was given for that property so it wasn’t just donation. there was consideration,” Humphrey said.

Henry says most cases are successful, “It simply clears the title so the owner who has paid for the property now has clear title to use that property,” and this case will come down to several questions. “You have to look at how old this is and really whos an interested party?” she added.

The city hasn’t filed a lawsuit yet but is confident moving forward because it owns the land and the deed belongs to a family no longer living in this area.