NORMANDY B. CONDOMINIUM ASSOCIATION, INC., AND SOL GORDON, APPELLANTS,
v.
NORMANDY C. ASSOCIATION, INC., APPELLEE
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When an encroachment on an easement is willful and intentional, the doctrine of balancing conveniences is inappropriate and the encroaching party may not use mere inconvenience as a defense to removal of the encroachment.
[1] When an easement encroachment is willful and intentional, the encroaching party may not defend against removal by relying on the doctrine of balancing conveniences or cla…
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Join FLexlaw to unlock all legal intelligence“when the encroachment on an easement is willful and intentional the doctrine of balancing conveniences is inappropriate and the party so encroaching may not use mere inconvenience as a defense to a demand for removal”
The court applied the Monell rule to the facts presented, establishing the governing legal principle for intentional easement encroachments.
Residents of Normandy C Condominium placed speed bumps on Normandy Lane, a road within Kings Point Community where all condominium unit owners held ea…
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PER CURIAM.
An easement exists in favor of every owner of a condominium unit in Kings Point Community (Kings Point) “for passage over and across” the roads within the community.
Appellees, residents of Normandy C Condominium of Kings Point, placed “speed bumps” on Normandy Lane, a roadway located between their units and the units of Normandy B Condominium.
Appellants, residents of Normandy B Condominium and a resident of Normandy F Condominium, filed a complaint seeking an injunction for the removal of the “speed bumps.” The trial court finding “the plaintiff failed to prove ... irreparable injury ... if the defendant is allowed to retain the speed bumps” denied the relief sought.
Much of the testimony below dealt with the effect on traffic safety and the extent of any inconvenience with or without the “speed bumps.”
Monell v. Golfview Road Association, 359 So. 2d 2 (Fla. 4th DCA 1978) stands for the proposition that when the encroachment on an easement is willful and intentional the doctrine of balancing conveniences is inappropriate and the party so encroaching may not use mere inconvenience as a defense to a demand for removal.
While we sympathize with the plight of the trial judge to remedy the traffic hazards found to exist, under the facts of this case, the permissible legal solution cannot be the derogation of the rights of other common owners, and accordingly, we reverse and remand for further proceedings consistent herewith.
GARRETT, J., and CARNEY, ROBERT B., Associate Judge, concur. LETTS, J., concurs specially with opinion.
LETTS, Judge,
concurring specially.
I reluctantly concur because I believe Monell, a decision out of this court, controls the outcome. However, under the facts of this case, I have sympathy for the result reached by the trial judge.
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Citator
Cited By
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BHB Dev., Inc. v. Bonefish Yacht Club Homeowners Ass'n, Inc., 691 So. 2d 1174 (Fla. 3d DCA 1997)…f. Monell v. Golfview Road Ass’n, 359 So. 2d 2 (Fla. 4th DCA 1978)(placement of speed bumps across road is a substantial violation of an easement holder’s meaningful right to use road); Normandy B. Condominium Ass’n, Inc. v. Normandy C. Ass’n, Inc., 541 So. 2d 1263 (Fla. 4th DCA 1989)(same). Such an interference is impermissible. Accordingly, we affirm the order. Affirmed. . The Association consists of 33 Bonefish Yacht Club condominium owners. . The judgment in the prior lawsuit which created the easement…
Authorities Cited
- Monell v. Golfview Rd. Ass'n, 359 So. 2d 2 (Fla. 4th DCA 1978)