Easement Appurtenant

28 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Burdine v. Sewell
  92 Fla. 375· Fla.· 1926-07-27 ·cited 78×
  This case involves a dispute over rights to use a private alley between properties in Miami. The Florida Supreme Court held that an agreement purporting to grant alley usage rights constituted a revocable personal license rather than a permanent easement appurtenant, and reversed
• ROY v. Euro-Holland Vastgoed
  404 So. 2d 410· Fla. 4th DCA· 1981-10-07 ·cited 35×
  The Roy family sought a way of necessity easement over Euro-Holland's property to access their landlocked parcel in a Florida subdivision. The trial court denied relief, but the appellate court reversed, holding that the Roys had satisfied the requirements for a common law easeme
• The Moorings Ass'n, Inc. v. Tortoise Island Cmtys., Inc.
  460 So. 2d 961· Fla. 5th DCA· 1984-12-13 ·cited 22×
  The Moorings Association appealed a dismissal of its complaint alleging an implied easement across an island to access the Banana River. The Fifth District Court of Appeal reversed, holding that the complaint sufficiently alleged an easement by implication based on the developer'
• Palm Beach Cnty. v. Cove Club Invs. Ltd.
  734 So. 2d 379· Fla.· 1999-04-08 ·cited 20×
  The Florida Supreme Court held that a covenant running with land requiring monthly recreational fees from mobile home lot owners constitutes a compensable property right when the government condemns the lot through eminent domain. The court distinguished this case from prior prec
• Charles H.H. Behm v. Amadeo B. Saeli
  560 So. 2d 431· Fla. 5th DCA· 1990-05-10 ·cited 14×
  Behm appealed a judgment finding no easement existed over neighboring land and enjoining his access. The court reversed, holding that an easement appurtenant was validly created by Dinkins to benefit the north 10 acres and that it passed to subsequent owners of the dominant estat
• Kirma v. Norton
  102 So. 2d 653· Fla. 2d DCA· 1958-05-07 ·cited 14×
  A subdivision developer conveyed sewer easement rights to property owners in Russell Park Subdivision through both express representations and an executed quitclaim deed. When the defendant, a subsequent purchaser of property through which the sewer line ran, attempted to interfe
• Mendez v. Bowie
  118 F.2d 435· 1st Cir.· 1941-03-19 ·cited 14×
  The court held that the plaintiff retained the right to appeal for damages despite selling the property and that the deed granted an unrestricted right of way, not limited to the dominant tenement.
• MAY v. Nev. Irrigation Dist.
  600 F.2d 1280· 9th Cir.· 1979-07-17 ·cited 12×
  The court held that the language in the 1918 agreement was insufficient to overcome the presumption of a joint right under California Civil Code § 1431, and that the water rights were severable and extinguished with the easement.
• Frazier v. Schenck
  503 So. 2d 444· Fla. 2d DCA· 1987-03-04 ·cited 7×
  The court held that the appeal of the dismissal was untimely, but the appeal of the sanctions order against counsel was properly before the court. The court affirmed the sanctions award, finding that counsel failed to conduct a reasonable inquiry into the law and facts before fil
• Brown-Florida Lumber Co. v. Coral Johnson Hicks
  127 Fla. 485· Fla.· 1937-03-22 ·cited 6×
  Brown-Florida Lumber Company sued to eject Coral Johnson Hicks from land, claiming ownership based on a timber deed. The Florida Supreme Court held that a right-of-way easement for roads and railroads granted in the timber deed was limited in duration to the ten-year period for c
• Rabia Ardan Morris v. Winbar LLC
  273 So. 3d 176· Fla. 1st DCA· 2019-04-09 ·cited 5×
  The law of the case doctrine does not preclude a trial court from determining whether a prescriptive easement is appurtenant or in gross when that issue was not actually decided in the prior appellate affirmance, and the trial court may reconsider the matter on remand to prevent
• Dunes OF Seagrove Owners Ass'n, Inc. v. Dunes OF Seagrove Dev., Inc.
  180 So. 3d 1209· Fla. 1st DCA· 2015-12-11 ·cited 4×
  The court held that the agreement created an easement in gross for beach services, which was properly assigned to the Developer.
• Delmer E. Tice and Shirley M. Tice v. Herring
  717 So. 2d 181· Fla. 1st DCA· 1998-09-17 ·cited 4×
  The appellants purchased property in a subdivision with a retained easement for ingress and egress by future lot owners. The appellee used the easement for commercial dirt hauling operations outside the subdivision's scope, and the trial court dismissed the trespass complaint, bu
• Merriam v. First Nat'l Bank OF Akron
  587 So. 2d 584· Fla. 1st DCA· 1991-10-08 ·cited 4×
  The Merriams appealed a dismissal of their complaint seeking to enjoin Forest & Lakes from denying them hunting and fishing rights on Chain Lakes property. The court held that the trial court erred in ruling as a matter of law that the deeds were insufficient to convey these righ
• Fields v. Dist. OF Columbia
  443 F.2d 740· D.C. Cir.· 1970-12-30 ·cited 4×
  A tax deed does not extinguish a pre-existing easement appurtenant, and a court cannot substitute a new easement for the original one against the easement holder's wishes.
• Republic Oil Ref. Co. v. Granger
  198 F.2d 161· 3d Cir.· 1952-06-27 ·cited 4×
  The movements of crude and refined petroleum are not exempt from federal transportation tax as movements within refinery premises, as the determination of 'premises' is a matter of federal law, not state law.
• PAJ Inv. Grp., LLC v. El Lago N.W. 7th Condo. Ass'n, Inc.
  405 So. 3d 401· Fla. 3d DCA· 2024-10-16 ·cited 2×
  An easement appurtenant cannot exist unless the grantee owns the dominant estate at the time of the grant or acquires it shortly thereafter; unity of title between the easement and the dominant estate is a necessary element. Because Tamiami Sports, Inc., the original grantee of t
• Kenneth Devino & 2436 E. LAS Olas BLVD. Stores, LLC v. 2426 E. LAS Olas, LLC
  306 So. 3d 118· Fla. 4th DCA· 2020-11-04 ·cited 2×
  An easement created in 1948 by recorded agreement with formal deed-like execution, benefiting an adjacent parcel and providing access to a public street, constitutes an easement appurtenant running with the land rather than an easement in gross, particularly where the agreement i
• W.N. Keene v. Tommy Jackson and his wife
  732 So. 2d 1138· Fla. 1st DCA· 1999-03-12 ·cited 2×
  A common law way of necessity may be granted where landlocked property cannot be accessed by reasonable alternative means, even where water access exists, and property owners are not limited to past uses but may adapt property for future beneficial purposes such as residential de
• Engel v. Catucci
  197 F.2d 597· D.C. Cir.· 1952-05-29 ·cited 2×
  A tax deed to a servient estate does not extinguish an appurtenant easement, especially when the easement is created by deed and the dominant estate's value has been assessed considering the easement.
• Seven Kings Holdings, Inc. v. Marina Grande Riviera Beach Condo. Assoc., Inc.
  364 So. 3d 1108· Fla. 4th DCA· 2023-06-21 ·cited 1×
  An easement appurtenant cannot be transferred separately from the dominant tenement to which it is attached and runs with the land. The Easement Dedication Agreement purporting to grant the parking garage easement from the marina to Seven Kings was invalid and unenforceable becau
• Morris v. Garcia
  224 So. 3d 268· Fla. 3d DCA· 2017-07-12 ·cited 1×
• Don C. Martin & Nancy B. Martin v. Kavanagh
  773 So. 2d 1250· Fla. 5th DCA· 2000-12-15 ·cited 1×
• Randolph Farms I Condo. Ass'n, Inc. v. Otto
  Fla. 2d DCA· 2023-07-07
  The appellate court reversed a trial court's dismissal of a condominium association's complaint. The trial court had dismissed the case, finding the association failed to participate in mandatory presuit arbitration. The appellate court found the dispute over a dock slip license
• Bogia
  Del. Ch.· 2019-08-08
  The Court held that the deed language granted an express easement appurtenant for driveway purposes. The scope of this easement was found to be ambiguous and, considering extrinsic evidence, was interpreted to include parking cars, setting out trash for pickup, and recreational u
• Kovach v. Holiday Springs RV, LLC
  223 So. 3d 1069· Fla. 5th DCA· 2017-05-12
  An easement for ingress, egress, utility, and drainage that runs with the land may be used by the grantee and their invitees, not solely by the named grantee.
• Laughlin v. Morauer
  849 F.2d 122· 4th Cir.· 1988-06-09
  The court held that the filing of a subdivision plat dedicating land as a park created a public easement, and that a prior state court judgment did not preclude this claim due to procedural defects.
• Baltic Inv. Co. v. Perkins
  475 F.2d 964· D.C. Cir.· 1973-02-21
  The court held that the defendant established a prescriptive easement because the use was open, notorious, continuous, and adverse for the statutory period, and the plaintiff failed to present contradictory evidence.