Incorporeal Hereditament

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

• Lottie Sykes Downing v. Bird
  100 So. 2d 57· Fla.· 1958-01-31 ·cited 173×
  Property owner Downing sought injunctive relief to remove a street and encroachments from her land. The Florida Supreme Court reversed the trial court's dismissal, holding that the City of Homestead failed to prove it acquired title by the statutory dedication provision or that t
• Fla. Power Corp. v. McNEELY
  125 So. 2d 311· Fla. 2d DCA· 1960-12-02 ·cited 62×
  Florida Power Corporation appealed a lower court decree requiring it to compensate property owners for an easement used for transmission lines since 1939. The court held that the corporation's use constituted adverse user (not adverse possession) of an incorporeal easement requir
• Ohio Oil Co. v. Sharp
  135 F.2d 303· 10th Cir.· 1943-04-05 ·cited 42×
  A party acting in good faith, even if committing an actionable trespass, is not barred from seeking equitable relief if their conduct is not unconscionable or sufficiently culpable.
• Greenshields v. Warren Petroleum Corp.
  248 F.2d 61· 10th Cir.· 1957-09-03 ·cited 27×
  The court held that the removal of the case to federal court was proper because the claim against Great Western constituted a 'separate and independent claim,' and that the gas purchase contracts were valid and did not violate anti-monopoly provisions or the rule against perpetui
• Alford v. Finch
  155 So. 2d 790· Fla.· 1963-06-28 ·cited 14×
  The Florida Supreme Court held that the Game and Fresh Water Fish Commission violated landowners' constitutional rights by prohibiting hunting on their private property without compensation, even though the Commission has broad authority to regulate game and establish refuges on
• Standard OIL Co. OF Tex. & New Idria Mining & Chem. Co. v. Marshall
  265 F.2d 46· 5th Cir.· 1959-03-25 ·cited 14×
  The owner of an oil payment, which is a non-possessory interest, is not an indispensable party plaintiff in a Texas action of trespass to try title, even if their joinder would destroy diversity jurisdiction.
• Platt v. Pietras
  382 So. 2d 414· Fla. 5th DCA· 1980-04-09 ·cited 12×
  Platt, a leaseholder of cattle grazing land, appealed a judgment enjoining him from trespassing on neighboring property owners' lots and blocking platted roads with fencing. The court affirmed, holding that Platt could not acquire a prescriptive right to graze cattle over the ent
• Cowling v. Deep Vein Coal Co., Inc.
  183 F.2d 652· 7th Cir.· 1950-05-25 ·cited 10×
  A co-tenant may proceed in federal court without joining other co-tenants, and a defect in parties plaintiff is not properly raised on a motion for summary judgment.
• McCOMB v. Farmers Reservoir & Irrigation Co.
  167 F.2d 911· 10th Cir.· 1948-04-23 ·cited 10×
  Employees of a mutual irrigation company are not exempt from the Fair Labor Standards Act as agricultural employees, even if their work is necessary for the production of goods for commerce.
• Straughn v. Amoco Prod. Co.
  309 So. 2d 39· Fla. 2d DCA· 1975-02-12 ·cited 6×
  A leasehold interest in oil, gas, and minerals is subject to ad valorem real property taxation under § 193.481, F.S.1971, as it constitutes a taxable possessory interest in real property.
• Harkless v. Laubhan
  219 So. 3d 900· Fla. 2d DCA· 2016-12-21 ·cited 4×
  David Harkless appeals a summary judgment in favor of the Laubhans, claiming he reserved the right to receive rent from a Verizon lease when he sold property containing the leased parcel. The court reverses, holding that Harkless validly reserved his rental rights in the initial
• F. M. "Bubba" Fisher v. SUN OIL Co.
  330 So. 2d 76· Fla. 1st DCA· 1976-03-30 ·cited 4×
  Oil and gas leaseholders challenged ad valorem tax assessments on their leasehold interests in subsurface mineral rights. The court held that mineral leases are merely the right to search for and sever oil and minerals, not interests in real property, and therefore are not subjec
• Bolton McBRYDE v. Lowe
  163 So. 2d 896· Fla. 2d DCA· 1964-05-01 ·cited 3×
• Coastal Petroleum Co. v. Int'l Minerals & Chem. Corp.
  452 F.2d 704· N.D. Fla.· 1988-08-12
  The court held that Coastal Petroleum Company's lease granted at most an inchoate right to explore for and produce minerals, which is insufficient to support a claim for conversion.