Prescriptive Easement

180 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
• J. C. Vereen & Sons, Inc. v. Houser
  123 Fla. 641· Fla.· 1936-03-31 ·cited 66×
  The Florida Supreme Court reversed a lower court's dismissal of a bill of complaint seeking a mandatory injunction to remove eaves overhanging the plaintiff's property. The court held that an easement to maintain overhanging eaves cannot be acquired by prescription unless the use
• Zetrouer v. Zetrouer
  89 Fla. 253· Fla.· 1925-03-16 ·cited 63×
  This case concerns a mandatory injunction granted to compel a landowner to remove fences obstructing a road. The appellate court affirmed the injunction, finding sufficient evidence of a prescriptive easement and irreparable harm to the complainant.
• Robert M. Gibson et ux. v. Buice
  381 So. 2d 349· Fla. 5th DCA· 1980-03-26 ·cited 62×
  The trial court abused its discretion in denying the motion for relief from judgment when the court failed to provide formal notice of the judgment's entry as required by rule.
• 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
• Kotick v. Durrant
  143 Fla. 386· Fla.· 1940-06-18 ·cited 60×
  This case involves a dispute over an easement for ingress and egress. The court affirmed a lower court's decision permanently enjoining defendants from obstructing the plaintiffs' easement and ordering the removal of obstacles, upholding the validity and scope of the easement as
• Crigger v. Fla. Power Corp.
  436 So. 2d 937· Fla. 5th DCA· 1983-06-30 ·cited 55×
  Florida Power Corporation sought to use electrical transmission lines across the Criggers' property without permission, claiming either an express easement from a prior owner or a prescriptive easement. The court held that the express easement was defective because it was granted
• The City OF Daytona Beach v. Tona-Rama, Inc.
  294 So. 2d 73· Fla.· 1974-03-25 ·cited 54×
  The Florida Supreme Court reversed a judgment requiring a landowner to remove an observation tower from private beach property, holding that while the public acquired customary use rights to the sandy beach area for recreation, those rights did not give the public an exclusive ea
• Price v. Harrison D. Stratton
  45 Fla. 535· Fla.· 1903-01-01 ·cited 52×
  Price and others appeal a decree enjoining them from moving their fence to the true boundary line of their property. The Florida Supreme Court reversed, holding that the appellee was not entitled to equitable relief because he himself was obstructing a public street that had been
• Blowers v. Williams
  360 So. 2d 1293· Fla. 1st DCA· 1978-07-18 ·cited 49×
• Drakes BAY Land Co. v. The United States
  424 F.2d 574· Ct. Cl.· 1970-04-17 ·cited 46×
  The court held that the government's actions, including its influence on local authorities and its acceptance of a deed intended to block a road project, constituted a taking of the plaintiff's entire property, entitling them to just compensation.
• Peigh v. Baltimore & O. R. Co.
  204 F.2d 391· D.C. Cir.· 1953-04-09 ·cited 46×
  The court held that the trial court erred in directing a verdict for the defendant railroad, as both the issue of the railroad's negligence and the driver's contributory negligence presented questions of fact for the jury.
• Costin v. Ansel L. Hargraves
  283 So. 2d 375· Fla. 1st DCA· 1973-10-04 ·cited 40×
  In this interlocutory appeal, the Florida First District Court of Appeal reversed the trial court's denial of defendants' motion to decertify a class action, holding that the plaintiffs failed to demonstrate the necessary community of interest required to maintain a class action
• McCULLOCH v. Glasgow
  620 F.2d 47· 5th Cir.· 1980-06-23 ·cited 38×
  The court held that the state claim damages award was improper due to erroneous jury instructions regarding adverse possession against a municipality, and the federal due process claim damages award was also improper due to uncertainty in the jury's findings regarding actual vers
• Maone B. Guerard v. Waldron Roper
  385 So. 2d 718· Fla. 5th DCA· 1980-06-27 ·cited 33×
  The court held that the appellee failed to prove the necessary element of adversity for a prescriptive easement, as the use of the roadway was presumed permissive.
• Winthrop v. Wadsworth
  42 So.2d 541· Fla.· 1949-10-18 ·cited 33×
  This case concerns whether landowners retain a private easement over an abandoned public road when their property abuts the road, and the original owner conveyed parcels of land along the road. The court held that no such private easement was impliedly granted or reserved.
• Wiggins v. Lykes Bros., Inc.
  97 So. 2d 273· Fla.· 1957-10-04 ·cited 32×
  The Florida Supreme Court affirmed a declaratory judgment establishing that a grazing easement reserved in an 1922 deed ran with the land and was enforceable against the current owner, rejecting defenses of laches, equitable estoppel, adverse possession, and abandonment.
• Dance v. Tatum
  629 So. 2d 127· Fla.· 1993-12-16 ·cited 31×
  The Florida Supreme Court clarified that irrevocable licenses continue to exist as a distinct property right separate from easements, rejecting language in Albrecht suggesting irrevocable licenses automatically mature into easements. The Court held that Dance possesses an irrevoc
• Young v. Miami Beach Improvement Co.
  46 So. 2d 26· Fla.· 1950-04-18 ·cited 31×
  The Supreme Court of Florida reversed contempt judgments against the Citizens League of Miami Beach and its president, finding insufficient evidence of intent to violate a prior court decree. The court affirmed other aspects of the lower court's order, which aimed to prevent furt
• Hensel v. Aurilio
  417 So. 2d 1035· Fla. 4th DCA· 1982-07-14 ·cited 30×
  Hensel appeals a mandatory injunction requiring removal of building encroachments on an easement claimed by Aurilio. The court reverses, holding that Aurilio's easement was not legally created and that even if valid, Aurilio is barred from enforcing it through equitable doctrines
• Deseret Ranches OF Fla., Inc. v. Bowman
  340 So. 2d 1232· Fla. 4th DCA· 1976-12-17 ·cited 30×
  A plaintiff cannot voluntarily dismiss less than an entire action, and a complaint for prescriptive easement must specify its width.
• Lovey v. Escambia Cnty.
  141 So. 2d 761· Fla. 1st DCA· 1962-06-05 ·cited 28×
  Plaintiffs appealed the denial of an injunction against Escambia County and Southern Bell to prevent use of a public road crossing their property. The court affirmed, holding that Florida Statute § 337.31 creates a conclusive presumption of dedication to the public when a county
• Townsend v. Ward
  429 So. 2d 404· Fla. 1st DCA· 1983-03-29 ·cited 27×
  Townsend appealed a directed verdict dismissing her quiet title action against Ward. The court reversed, finding the trial court abused its discretion by denying Townsend's motion to amend her complaint, improperly restricting her evidence at trial to only one theory of adverse p
• Deakyne v. Comm'rs OF Lewes
  416 F.2d 290· 3d Cir.· 1969-09-23 ·cited 25×
  The court held that the district court erred in refusing to allow the defendant to amend its pleadings to conform to the evidence and instruct the jury on a relevant statute, as the defendant should have been given the opportunity to plead the statute and have the jury instructed
• Hunt Land Holding Co. v. Schramm
  121 So. 2d 697· Fla. 2d DCA· 1960-06-24 ·cited 25×
  Hunt Land Holding Company appealed a mandatory injunction requiring removal of a dam across a drainage ditch. The court affirmed, holding that an easement by prescription can be created without exclusive use if the use is open, notorious, continuous, and inconsistent with the own
• Ellis v. Ark. La. GAS Co.
  609 F.2d 436· 10th Cir.· 1979-11-13 ·cited 24×
  The court held that the trial court did not abuse its discretion in allowing the issue of prescriptive easement to be tried by implied consent, nor was its finding of a prescriptive easement clearly erroneous.
• Procacci v. Zacco
  324 So. 2d 180· Fla. 4th DCA· 1975-12-26 ·cited 24×
  The court held that the phrase 'subject to' in a deed, without more, is insufficient to reserve an easement, especially in the absence of supporting facts and circumstances indicating such intent.
• Broward Cnty. & State Rd. Dep't of Fla. v. Bouldin
  114 So. 2d 737· Fla. 2d DCA· 1959-09-25 ·cited 24×
  Broward County and Florida's State Road Department sought to widen a public road from 18 feet to 24 feet, encroaching 3 feet onto adjacent private property owned by Bouldin. The court upheld the injunction requiring the county to either remove the encroaching pavement or condemn
• Supal v. Miller
  455 So. 2d 593· Fla. 5th DCA· 1984-09-06 ·cited 23×
  The Fifth District Court of Appeal reversed a trial court's injunction preventing property owners from closing a private road, holding that appellees failed to establish a private prescriptive easement because they could not prove that they and their predecessors in title continu
• Suwannee River Water Mgmt. Dist. v. Price
  651 So. 2d 749· Fla. 1st DCA· 1995-03-06 ·cited 22×
  The Suwannee River Water Management District appealed a summary judgment awarding a prescriptive easement to Patrick Price over the District's land. The court reversed, holding that Price failed to establish material elements of a prescriptive easement claim as a matter of law.
• 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'
• Linette Hanna v. Means
  319 So. 2d 61· Fla. 2d DCA· 1975-08-08 ·cited 22×
  The court held that a statutory way of necessity can be granted over a neighbor's land upon payment of compensation, even if a common law way of necessity was not established.
• Jennings v. Patterson
  488 F.2d 436· 5th Cir.· 1974-01-17 ·cited 22×
  The court held that the district court erred in setting aside the jury's findings of prescription and dedication, and that the city's failure to remove the barricade constituted state action under Section 1983.
• GAY Bros. Constr. Co. v. Fla. Power & Light Co.
  427 So. 2d 318· Fla. 5th DCA· 1983-02-23 ·cited 20×
  The court held that a prescriptive easement can be established even if the encroaching use was initially a mistake, as long as the use was adverse under a claim of right.
• Hancock v. Tipton
  732 So. 2d 369· Fla. 2d DCA· 1999-02-19 ·cited 18×
  Ralph and Sylvia Tipton sought access to their landlocked property through the Hancock property via an easement or way of necessity. The trial court found Tipton Road on the Hancock property was a public road, but the appellate court reversed this finding and instead granted the
• Joyner v. Andrews
  137 So. 2d 870· Fla. 2d DCA· 1962-02-21 ·cited 18×
  The court held that plaintiffs failed to establish unity of title for a common law way of necessity and failed to prove adverse use for a private easement by prescription.
• Burnham v. Davis Islands
  87 So. 2d 97· Fla.· 1956-03-16 ·cited 18×
  Homeowners who purchased lots in Davis Islands subdivision challenged the developers' decision to subdivide and sell a golf course area, claiming they acquired easement rights through public dedication, estoppel, or contract. The Florida Supreme Court affirmed the lower court's r
• City OF Jacksonville v. Lowell Kent Horn and Juanita Horn
  496 So. 2d 204· Fla. 1st DCA· 1986-10-15 ·cited 17×
  The City of Jacksonville appeals a trial court judgment that declared the Horns' property free and clear of any city road right-of-way claim under Florida's Marketable Record Title Act (MRTA), and awarded damages for the city's unauthorized clearing of the property. The appellate
• State Rd. Dep't of Fla. v. Hufford
  161 So. 2d 35· Fla. 1st DCA· 1964-02-11 ·cited 17×
  The State Road Department sued to enjoin property owners from blocking a storm sewer system easement across their land, and the owners counterclaimed for damages and sought to enjoin the sewer use. The trial court summarily dismissed both the complaint and counterclaim due to the
• Moran v. Brawner
  519 So. 2d 1131· Fla. 5th DCA· 1988-02-11 ·cited 16×
  Ginger Moran appealed a trial court decision denying her claim for an implied grant of way of necessity across the Brawners' property to access her landlocked parcel. The court affirmed, holding that Moran failed to prove necessity because she had an alternative practical means o
• Spear v. Martin
  330 So. 2d 543· Fla. 4th DCA· 1976-04-15 ·cited 16×
  Spear v. Martin involves a property dispute where plaintiffs sued to recover possession of land allegedly unlawfully used by defendants for a driveway. The appellate court affirmed summary judgment dismissing the adverse possession defense but reversed as to other issues, finding
• Orange Blossom Hills, Inc. v. Kearsley
  299 So. 2d 75· Fla. 1st DCA· 1974-07-30 ·cited 16×
  Orange Blossom Hills sought to enjoin Kearsley from interfering with their use of an alleged prescriptive easement across Kearsley's property in Marion County. The trial court found that plaintiffs and their predecessors had acquired a prescriptive easement through more than sixt
• Fields v. Sarasota-Manatee Airport Auth.
  512 So. 2d 961· Fla. 2d DCA· 1987-07-08 ·cited 15×
  Landowners near Sarasota-Bradenton Airport sued for inverse condemnation, claiming aircraft overflights constituted a taking of an avigational easement over their properties. The court held that inverse condemnation requires proof of substantial loss in market value or substantia
• The City OF Daytona Beach v. Tona-Rama, Inc.
  271 So. 2d 765· Fla. 1st DCA· 1972-08-31 ·cited 15×
  The City of Daytona Beach and property owners appealed a summary judgment finding that the public acquired a prescriptive easement over soft sand beach area through continuous, open use for over 20 years, which prevented the issuance of a building permit for an observation tower.
• Moore v. Choctawhatchee Elec. Co-Operative, Inc.
  196 So. 2d 788· Fla. 1st DCA· 1967-03-21 ·cited 15×
  The court held that there was sufficient evidence for the jury to find that the employee was acting within the scope of his employment when the accident occurred, despite personal detours and intoxication.
• City OF Pompano Beach v. Beatty
  177 So. 2d 261· Fla. 2d DCA· 1965-07-07 ·cited 15×
  The City of Pompano Beach appeals a decree requiring it to remove improvements it placed on private property adjacent to Atlantic Boulevard or commence condemnation proceedings. The court held that the actual width of the street as established by the original survey stakes and mo
• Evers v. The Cnty. OF Custer
  745 F.2d 1196· 9th Cir.· 1984-10-22 ·cited 14×
  The court held that the County's issuance of a "Declaration of Public Road" without prior notice and an opportunity for the landowner to be heard constituted a deprivation of property without due process, and that the County could be liable under § 1983. However, the Commissioner
• Bonifay v. Garner
  445 So. 2d 597· Fla. 1st DCA· 1984-01-30 ·cited 14×
  In this dispute over waterfront property in Escambia County, the court reversed a trial judgment quieting fee simple title to appellee Garner and remanded for further proceedings. The case involves competing claims to a disputed strip of land between Bayou Boulevard and the shore
• 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
• Nat'l Cas. Co. v. Zmijewski
  143 Fla. 285· Fla.· 1940-06-04 ·cited 14×
  The court affirmed a judgment for the plaintiff in a suit to recover on an accident policy. The insured died after being struck by a vehicle while standing near the property line of a filling station, which was used by the public as part of the highway. The court held that the lo