Metes And Bounds Description

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

• Cary A. Hardee v. Horton
  90 Fla. 452· Fla.· 1925-11-03 ·cited 54×
  The Florida Supreme Court reversed a decree removing a cloud on title to unsurveyed Everglades land, holding that when unsurveyed public lands are conveyed by description according to the rectangular survey system, title vests subject to the State's right to conduct a survey to i
• Miller v. Bay-to-Gulf, Inc.
  141 Fla. 452· Fla.· 1940-01-26 ·cited 46×
  The Millers challenged a trial court decision denying them title to a narrow strip of beachfront land on Maderia Island, Florida, and enjoining them from maintaining a bulkhead on it. The Florida Supreme Court affirmed, holding that the Millers' deed did not include the disputed
• Mexico Beach Corp. v. ST. JOE Paper Co.
  97 So. 2d 708· Fla. 1st DCA· 1957-11-05 ·cited 43×
  St. Joe Paper Company sued to quiet title to alluvial lands formed by accretion along the Gulf of Mexico that were adjacent to Fractional Section 15 in Bay County, Florida. The court affirmed the lower court's decision, holding that under common law, accretions to land bordering
• C.Y. Tyson v. Edwards
  433 So. 2d 549· Fla. 5th DCA· 1983-05-12 ·cited 30×
  This case establishes the fundamental principle that when a discrepancy exists between a surveyor's physical monuments and boundary lines placed on the ground and the written plat purporting to depict that survey, the ground monuments control. The court rejected appellants' argum
• Bd. of Trs. of the Internal Improvement Tr. Fund v. Lost Tree Vill. Corp.
  805 So. 2d 22· Fla. 4th DCA· 2001-10-10 ·cited 29×
  The Board of Trustees appealed a quiet title judgment favoring Lost Tree Village Corporation regarding the conveyance of state-owned lands in the Indian River. The court affirmed that the 1956 supplemental deed unambiguously conveyed 571.51 acres but reversed and remanded on whet
• Bishop v. Ralph A. Johnson and wife
  100 So. 2d 817· Fla. 1st DCA· 1958-02-18 ·cited 24×
  Appellants challenged a summary decree awarding title to a disputed peninsula to appellees. The court held that the official 1849 government survey and plat creating the disputed lots are conclusive and paramount over a later private survey that allegedly showed the peninsula in
• United States v. Thomas F. LEE and wife Ola Mae Lee
  360 F.2d 449· 5th Cir.· 1966-05-12 ·cited 14×
  The court held that the cost of a survey, necessitated by a dispute over acreage in a condemnation proceeding, is part of the just compensation required by the Fifth Amendment.
• Coble v. Agnew
  128 So. 2d 158· Fla. 2d DCA· 1961-03-29 ·cited 14×
  Purchasers sued for abatement of the purchase price due to an alleged acreage deficiency in a tract of land they bought from the defendant, claiming they relied on the defendant's representations about the acreage.
• Wm. H. Christy v. Burch
  25 Fla. 942· Fla.· 1889-06-01 ·cited 12×
  The Florida Supreme Court affirmed a decree requiring the Christys to recognize the Burches' title to Florida land conveyed through a lost but proven deed from the Christys to Edward Houstoun, and then from Houstoun to the Burches. The court held that a married woman's deed need
• West Edge II v. Gale N. Kunderas
  910 So. 2d 953· Fla. 2d DCA· 2005-09-23 ·cited 11×
  A party seeking summary judgment on a reformation claim must not only establish its own claim but must also factually refute any affirmative defenses raised by the opposing party or demonstrate their legal insufficiency.
• Rivers v. Lozeau
  539 So. 2d 1147· Fla. 5th DCA· 1989-02-23 ·cited 11×
  In this boundary line dispute, the court held that property descriptions referring to the federal government survey system are controlled by the original government survey monuments, not by erroneous monuments set by a subsequent surveyor. The Lozeaus acquired legal title to the
• The United States v. The Kiowa
  479 F.2d 1369· Ct. Cl.· 1973-06-20 ·cited 10×
  The court held that the 1865 Treaty did not grant recognized title to the entire tract, and the claim based on it must fail. The first recognition of title to a specifically bounded tract occurred in 1867.
• The Choctaw & Chickasaw Nations v. COX
  251 F.2d 733· 10th Cir.· 1958-01-21 ·cited 7×
  A conveyance of riparian land, even if described by metes and bounds, includes all accreted lands up to the river's shifting boundary at the time of conveyance.
• Kane Homes, Inc. v. City OF N. Lauderdale
  418 So. 2d 451· Fla. 4th DCA· 1982-08-25 ·cited 4×
  Kane Homes appealed a denial of its mandamus petition seeking to compel the City of North Lauderdale to issue building permits for a multi-family development without platting the property. The court held that Broward County's land use plan requirement for platting applies to muni
• Guise v. Shuman
  188 So. 2d 35· Fla. 3d DCA· 1966-06-21 ·cited 4×
  The court held that the chancellor's findings were supported by substantial evidence and were not clearly erroneous, affirming the final decree.
• Wills v. Young
  255 F.2d 65· 3d Cir.· 1958-05-12 ·cited 4×
  A contract for the sale of real property must describe the land with reasonable particularity for a court of equity to grant specific performance.
• Bradham v. United States
  168 F.2d 905· 10th Cir.· 1948-07-19 ·cited 4×
  The court held that the deed's unambiguous metes and bounds description controlled, and it did not convey riparian rights or land that would entitle the purchasers to accretions.
• Ringstad v. Grannis
  159 F.2d 289· 9th Cir.· 1947-01-31 ·cited 4×
  The court held that denying the introduction of evidence regarding the plaintiff's possession in an ejectment action was error, as prior possession can be a sufficient estate to warrant such a suit.
• Lehmann v. Cocoanut Bayou Ass'n, Inc.
  269 So. 3d 599· Fla. 2d DCA· 2019-04-05 ·cited 2×
  The Lehmanns own the disputed parcel in its entirety because title to the portion the trial court awarded to the Association passed to the Lehmanns' predecessors through prior conveyances of abutting lands, either as title subject to public easements (under the abutting-lands pri
• Mervin Napeahi v. Paty
  921 F.2d 897· 9th Cir.· 1990-12-18 ·cited 2×
  The court held that land acquired by the State through natural erosion after 1898 could be considered ceded land subject to the public trust, requiring a factual determination on remand.
• Talbot v. The Citizens Nat'l Bank OF Evansville
  389 F.2d 207· 7th Cir.· 1968-01-30 ·cited 2×
  A lessee cannot rescind a lease due to a lessor's encroachment on a small portion of the premises without showing the encroachment was a material breach of the covenant of quiet enjoyment.
• Jabour v. Calleja
  731 So. 2d 792· Fla. 3d DCA· 1999-04-21 ·cited 1×
  In this boundary dispute, the Jabours obtained a quitclaim deed from the Callejas to resolve a property line conflict. The Callejas later sought to rescind the deed, claiming unilateral mistake about the acreage conveyed. The appellate court reversed the trial court's invalidatio
• Addison v. Benedict
  225 So. 2d 335· Fla. 2d DCA· 1969-07-03 ·cited 1×
  Addison and Futch appealed a quiet title judgment against them after they acquired land from a 1941 Murphy tax deed. The court affirmed, holding that the tax deed conveyed only the title of Tusch (the original tax debtor), not the adjacent properties owned by Benedict and the Bix
• Carrington Mortg. Servs., LLC v. Tessenear
  Fla. 5th DCA· 2026-08-14
  When an underlying final judgment of foreclosure is reversed, any certificate of title issued pursuant to that judgment is void and the order denying a motion to add property information to that judgment must be reversed.
• Garden State Holdings, LLC v. Shazbop, LLC
  Fla. 3d DCA· 2025-05-07
  A warranty deed unambiguously excluded the tax deed parcel from the conveyance to Garden State, and therefore summary judgment was properly entered for the appellee.
• Kevin Cook AND Nichole Cook v. C.A. No. 2021-0522-SG Deep Hole Creek Assocs.
  Del. Ch.· 2024-07-24
  The court held that the plaintiffs own the property up to the centerline of Deep Hole Creek. The court found that the grantor's intent, as evidenced by the language in the deeds and the priority of calls favoring natural monuments, was to convey title to the centerline. This inte
• Point Mgmt., LLC v. Civil Action No. 4835-VCG MacLaren, LLC
  Del. Ch.· 2012-06-29
  The Court held that a deed altered after execution by the buyer's attorney without the seller's effective consent is a nullity. The executed deed, not the altered recorded deed, is the operative document. Because the executed deed's metes and bounds description excluded the resid
• Nourachi v. United States
  655 F. Supp. 2d 1215· M.D. Fla.· 2009-08-19
  The court held that the 1937 deed conveyed all of the Savages' property east of the east meander line of Lake Bryant to the United States, including riparian rights, based on the intent of the parties and established surveying principles.
• Shipley
  Del.· 2009-06-15
  The Superior Court did not err in denying the Shipleys' motion to set aside the sheriff's sale. The court found the motion untimely and that the alleged errors in the property description did not constitute extraordinary circumstances justifying relief under Rule 60(b). The court
• Charity v. Sarasota Cnty.
  956 So. 2d 1250· Fla. 2d DCA· 2007-05-25
  The appellate court affirmed in part and reversed in part a final judgment of dissolution of marriage, finding error in the trial court's child support calculation.
• Ingeborg Krieger for the Ingeborg Krieger Revocable Tr. v. The Town OF Longboat KEY
  849 So. 2d 358· Fla. 2d DCA· 2003-05-14
  Ingeborg Krieger challenged a circuit court judgment that the Town of Longboat Key owned a strip of beach property based on dedication to public use. The appellate court reversed the dedication finding but affirmed the judgment against Krieger on other grounds, holding that her d
• ST. JOE Paper Co. v. A.B. Taff & Sons, Inc.
  447 So. 2d 1376· Fla. 1st DCA· 1984-02-09
  St. Joe Paper Company appealed a trial court judgment establishing the boundary between its land and that of A.B. Taff & Sons, Inc. in Gadsden County, Florida. The court determined that the Shelter Survey line, rather than the Flanagan Survey line, marks the true boundary, awardi
• Hinson Boyd v. Lane
  335 So. 2d 324· Fla. 1st DCA· 1976-06-16
  An adverse possession claim without color of title may be proven by substantial competent evidence of actual occupation and adverse claim when the disputed property can be identified by ascertainable boundary markers known or determinable at trial.
• Kosaber v. Peterson
  136 So. 2d 366· Fla. 3d DCA· 1962-01-11
  The Florida District Court of Appeal affirmed a lower court's ejectment judgment but reversed the award of $35 in damages, finding it unsupported by evidence and not an allowable element in an ejectment action.
• McLAUGHLIN v. Cornelia Stier and Marjorie C. Grattan
  110 So. 2d 462· Fla. 2d DCA· 1959-04-01
  Appellants sold lakefront property to Allison in 1954 without reserving riparian rights; after Allison's death, appellees acquired title and sued for damages from appellants' dredging operations that allegedly filled in their riparian land. The court affirmed the lower court's fi
• Jones v. Tyler
  60 Fla. 110· Fla.· 1910-06-01
  In this ejectment action, the Florida Supreme Court reversed the trial referee's judgment awarding land to Tyler, finding that Tyler failed to establish a valid chain of title to the disputed property. The Court held that defects in the descriptions and lack of proof of ownership