Prescriptive Easement

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

• Phares v. Harley G. Cowles and Grace D. Cowles
  459 So. 2d 1110· Fla. 4th DCA· 1984-11-14 ·cited 4×
  The appellate court reversed the trial court's order granting a new trial and remanded the case, holding that the trial court erred in denying the plaintiffs' claim for a way of necessity for a public road.
• Childs v. Morton Weissman and Harold Steiner
  432 So. 2d 604· Fla. 3d DCA· 1983-05-24 ·cited 4×
  A purchaser of land adjacent to a dedicated alley has a continued right of easement in that alley even after it reverts to private ownership, if the alley was materially beneficial to the enjoyment and use of the land at the time of purchase.
• Tom C. Spain et ux. v. John Minder & the Se. Dist. of the Christian & Missionary Alliance
  346 So. 2d 139· Fla. 1st DCA· 1977-05-27 ·cited 4×
• Anderson v. Toole
  329 So. 2d 33· Fla. 2d DCA· 1976-03-24 ·cited 4×
  The court held that the failure to explicitly state that the use of an easement was 'adverse' in an affidavit is not fatal to a claim for a prescriptive easement, as the adverse character can be determined from the surrounding facts and circumstances.
• Cyril E. Smith v. Vivian deFREITAS
  329 F.2d 629· 3d Cir.· 1964-04-03 ·cited 4×
  The court held that the defendant was entitled to use the passageway and stairway as an ancient freeway and a way of necessity, as implied by historical plans and Danish law.
• Denver & RIO Grande W. R. Co. v. Himonas
  190 F.2d 1012· 10th Cir.· 1951-07-05 ·cited 4×
  A party can acquire a prescriptive easement for an irrigation flume across a railroad right of way if it does not interfere with railroad operations, and damages for deprivation of water use are recoverable if the right to use the water is established by open and notorious use fo
• Cbhiv LLC v. Walton Cnty.
  405 So. 3d 536· Fla. 1st DCA· 2025-03-19 ·cited 3×
  A common law offer of dedication contained in federal patent deeds issued under the Small Tract Act need not be accepted prior to the Act's 1976 repeal; acceptance may occur through subsequent public use and the property owner's acquiescence. A boardwalk constructed within a rese
• Suwannee River Water Mgmt. Dist. v. Price
  740 So. 2d 46· Fla. 1st DCA· 1999-03-30 ·cited 3×
  The Suwannee River Water Management District appealed from a trial court judgment granting Patrick Price a prescriptive easement and statutory way of necessity across the District's land. The appellate court reversed the grant of both the prescriptive easement and statutory way o
• Farley v. Annie B. Hiers for Lottie M. Blount
  668 So. 2d 248· Fla. 1st DCA· 1996-02-15 ·cited 3×
  Farley appeals the trial court's determination that the Blounts hold a prescriptive easement to operate a well, pump, and pump house on his property. The court affirms, finding that the Blounts satisfied all elements of a prescriptive easement claim through 40+ years of open, con
• Anderson v. Bell
  433 So. 2d 1202· Fla.· 1983-06-09 ·cited 3×
  The Florida Supreme Court held that owners of land adjacent to or beneath a man-made, non-navigable lake do not possess riparian rights to use the entire lake surface merely by virtue of owning contiguous land, distinguishing man-made lakes from natural lakes where riparian right
• Lake Cnty. v. Gatch
  168 So. 2d 81· Fla. 2d DCA· 1964-09-23 ·cited 3×
  Lake County appealed a final decree granting an injunction and damages to Gatch for trespass and wrongful possession of land. The court reversed, finding that the County had acquired a prescriptive easement to a roadway over Gatch's land through more than twenty years of continuo
• Stevens v. Sterling
  2 Fla. Supp. 67· Lake Cty. Cir. Ct.· 1949-08-01 ·cited 3×
  The court denied a mandatory injunction sought by county commissioners and a taxpayer to remove obstructions from a road, finding that the public did not establish a prescriptive right due to permissive use.
• BB Inlet Prop., LLC v. 920 N. Stanley P'rs, LLC
  293 So. 3d 538· Fla. 4th DCA· 2020-03-11 ·cited 2×
  An upland owner has a common law littoral right to construct and maintain a dock extending onto privately-owned submerged land when the dock is necessary to access navigable waters and complies with applicable municipal regulations enacted under the Public Trust Doctrine. The sub
• Dana v. Lorrie N. Eilers
  279 So. 3d 825· Fla. 2d DCA· 2019-09-20 ·cited 2×
  A prescriptive easement was not established because the Eilers failed to prove by clear and positive proof that their use was adverse to the owner's rights; the shared, non-exclusive use of the driveway was presumed to be permissive, and no evidence demonstrated the use was incon
• Skyway Trap & Skeet Club, Inc. v. Sw. Fla. Water Mgmt. Dist.
  854 So. 2d 676· Fla. 2d DCA· 2003-07-11 ·cited 2×
  Skyway Trap & Skeet Club appeals a trial court order that converted a temporary injunction into a permanent injunction prohibiting it from depositing expended shot on adjacent water management district property. The court reversed, holding that the permanent injunction was improp
• Friday Hudlow Limbert v. Nickerson
  770 So. 2d 223· Fla. 3d DCA· 2000-10-25 ·cited 2×
  This case involves a dispute over a property boundary and an easement between adjoining landowners. The appellate court reversed a summary judgment, finding that genuine issues of material fact existed regarding the elements of boundary by acquiescence and agreement, and the ease
• Dade Cnty. v. Lowell S. Dunn and Betty S. Dunn
  693 So. 2d 1035· Fla. 3d DCA· 1997-05-14 ·cited 2×
  Dade County appeals a temporary injunction order that prevented property owners from removing asphalt from a public road but failed to require restoration of damaged pavement. The court held that the trial judge abused her discretion by not immediately ordering the defendants to
• Jones v. Orem
  605 So. 2d 1017· Fla. 5th DCA· 1992-10-16 ·cited 2×
  The court held that while a prescriptive easement for a public road existed over the defendants' properties, the trial court's order was deficient for not precisely defining the easement's boundaries and for declaring it public over land not owned by the defendants.
• Gary E. Wimberly and his wife v. Lake Weir Yacht Club Ass'n
  480 So. 2d 224· Fla. 5th DCA· 1985-12-26 ·cited 2×
  Property owners adjacent to Lake Weir Yacht Club appealed a declaratory judgment granting the Club a prescriptive easement over their land for ingress, egress, and parking. The court agreed the evidence supported only a statutory way of necessity rather than a prescriptive easeme
• Osceola Cnty. v. Castelli
  435 So. 2d 417· Fla. 5th DCA· 1983-08-04 ·cited 2×
  Osceola County sought an injunction to force the Castellis to remove a fence blocking Wren Drive, a private roadway crossing their property. The court affirmed the dismissal of the county's claim, holding that the county failed to establish either statutory dedication or a prescr
• Weis v. Hovnanian Fla., Inc.
  436 So. 2d 258· Fla. 4th DCA· 1983-07-20 ·cited 2×
  The Fourth District Court of Appeal reversed a trial court's grant of a prescriptive easement for animal husbandry purposes because the easement was exclusive in nature, effectively granting title to the property rather than a mere easement. The court held that exclusive possesso
• AL MAR Corp., Inc. v. VAN DE Kerckhove
  403 So. 2d 1128· Fla. 4th DCA· 1981-09-23 ·cited 2×
  Al Mar Corporation, a trailer park owner, appeals a judgment upholding dedicated easements for private drives through the park and finding an easement by prescription had been acquired. The court affirmed the finding that the dedicated easements had not terminated but reversed th
• Buffalo River Conservation & Rec. Council v. Nat'l Park Serv.
  558 F.2d 1342· 8th Cir.· 1977-08-03 ·cited 2×
  The court held that the trial court did not err in denying a three-judge court and in finding a prescriptive easement for public use of the Buffalo River.
• Rko-Stanley Warner Theatres, Inc. v. Mellon Nat'l Bank & Tr. Co.
  436 F.2d 1297· 3d Cir.· 1970-12-29 ·cited 2×
  An easement by prescription can be acquired in a public sidewalk against the abutting fee owner, provided the use falls outside the scope of the public easement. However, prescriptive rights cannot be acquired against a municipality.
• S. Bell Tel. & Tel. Co. v. Lloyd
  32 Fla. Supp. 151· Duval Cty. Cir. Ct.· 1969-04-10 ·cited 2×
  The court held that the telephone company acquired a prescriptive easement for its facilities and that the defendants' title was subject to this easement, as evidenced by visible occupation and statutory provisions.
• Gimbel Bros., Inc. v. Markette Corp. & Don Tesauro
  307 F.2d 91· 3d Cir.· 1962-07-13 ·cited 2×
  The court held that a party wall's use as a curtain wall, protecting buildings from elements and fire, is sufficient to maintain its status as a party wall under Pennsylvania law, even if it does not provide structural support.
• Wyatt v. Parker
  128 So. 2d 431· Fla. 2d DCA· 1961-04-05 ·cited 2×
  Grace Parker obtained a perpetual easement and right-of-way over adjacent property owned by the Wyatts when they sold her land in 1950. The Wyatts later objected to Parker's tenants using rest rooms accessible from the property and erected a barricade on the easement. The court a
• Berger v. The City OF Coral Gables
  101 So. 2d 396· Fla. 3d DCA· 1958-03-06 ·cited 2×
  Dora Berger appealed the dismissal of her suit to enjoin the City of Coral Gables from using a street that she claimed to own based on a tax deed. The court affirmed the dismissal, holding that a public easement acquired through over 36 years of continuous public use took priorit
• Marlette v. Carullo
  347 So. 3d 556· Fla. 2d DCA· 2022-09-30 ·cited 1×
  Jessica Marlette seeks certiorari review of the trial court's order bifurcating legal and equitable issues in a dispute with neighbor Roxanne Carullo over easement rights to a driveway and well that encroach on Carullo's property. The court granted the petition and quashed the bi
• Okefenoke Rural Elec. Membership Corp. v. Dayspring Health, LLC
  300 So. 3d 371· Fla. 1st DCA· 2020-07-15 ·cited 1×
  The appellate court reversed a trial court's decision, finding that an electric company had established a prescriptive easement over private property. The court determined that the company's mistaken placement of utility poles on private land, unknown to the landowners for decade
• NED C. Bowers v. Orange Cnty.
  278 So. 3d 948· Fla. 6th DCA· 2020-01-27 ·cited 1×
  The appellate court dismissed an appeal because the lower court's orders did not constitute a final judgment disposing of all claims. The court held that a notice of settlement, without a filed stipulation of dismissal, was insufficient to resolve the remaining claims, thus preve
• Don C. Martin & Nancy B. Martin v. Kavanagh
  773 So. 2d 1250· Fla. 5th DCA· 2000-12-15 ·cited 1×
• Hutchins v. Strickland
  674 So. 2d 870· Fla. 1st DCA· 1996-05-29 ·cited 1×
  The Stricklands sued the Hutchinses for trespass after the Hutchinses removed a fence and erected a new one based on a survey. The trial court found a boundary by acquiescence existed, but the appellate court reversed, holding that the Stricklands failed to prove the location of
• Division OF Administration v. Ideal Holding Co.
  427 So. 2d 392· Fla. 4th DCA· 1983-03-09 ·cited 1×
  The State of Florida's Department of Transportation appealed a trial court judgment finding that it had inversely condemned property without just compensation. The court reversed, holding that the state had properly acquired the disputed right-of-way through maintenance of a drai
• Baya v. Ulrich
  209 So. 2d 702· Fla. 2d DCA· 1968-04-24 ·cited 1×
  The Bayas appealed from dismissal of their second amended complaint seeking mandatory injunction and damages related to a disputed road crossing their property. After years of litigation establishing a private prescriptive easement in favor of the Williams Heirs and other defenda
• Beaty v. Metro. Dade Cnty.
  175 So. 2d 597· Fla. 3d DCA· 1965-06-01 ·cited 1×
  The court held that the county's actions were within its established easement rights and that the plaintiffs' claims were not supported by the facts or relevant law.
• Lincolnshire Maximo. LLC v. Marina Walk, LLC
  Fla. 2d DCA· 2026-03-25
  The appellate court reversed a lower court's decision granting a prescriptive easement for a drainage pipe, finding that the use was presumed to be permissive and the claimant failed to prove otherwise. The court also clarified that the reasonable use rule for surface water drain
• Velvet Ann Saulsberry v. Woods
  M.D. Fla.· 2025-12-10
  The court held that the plaintiff failed to establish a prima facie case for retaliation and that the Sheriff's actions did not constitute a taking of property.
• Lusby v. Canevari
  Fla. 6th DCA· 2025-06-06
  A judgment granting summary judgment on some counts is nonfinal and nonappealable when factually and legally interrelated counts and a compulsory counterclaim remain pending in the trial court.
• McNulty Lofts Condo. Ass'n, Inc. v. WRH McNulty Garage, LLC
  385 So. 3d 183· Fla. 2d DCA· 2024-04-05
  McNulty Lofts Condominium Association appeals from a summary judgment order in favor of WRH McNulty Garage in an ejectment action involving a disputed boundary line on the sixth floor of a mixed-use building. The appellate court reversed, finding that internal inconsistencies in
• AFP 103 Corp. v. Common Wealth Tr. Servs., LLC
  Fla. 3d DCA· 2023-10-25
  A property owner cannot create an easement over property it owns in its entirety to itself, and such an attempt is void ab initio. The Declaration of Covenants executed by South Florida Hotel was invalid because South Florida Hotel was the sole owner of all parcels at the time an
• Ned C. Bowers v. Orange Cnty.
  Fla. 6th DCA· 2023-05-05
  An appellate court lacks jurisdiction to review an order denying a motion for entry of an amended final judgment when the trial court has not entered a final judgment disposing of all counts in a multicount complaint. A settlement notice does not constitute a final disposition of
• Petitioner v. Sweetwater Point, LLC
  Del. Ch.· 2022-06-30
  The Court denied the Respondents' motion for partial summary judgment, finding that the State did not acquiesce in the Respondents' chain of title for the requisite twenty-year period to divest the State of its superior record title. The Court also found that the elements for equ
• Ocean Baltimore, LLC v. Celebration Mall, LLC
  Del. Ch.· 2021-01-05
  The court recommends granting summary judgment in favor of the petitioner on its adverse possession claim, declaring it the owner of the disputed strip of land. The court also recommends dismissing the petitioner's alternative claim for a prescriptive easement as moot and denying
• 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
• K&G Concord, LLC v. Charcap, LLC
  Del. Ch.· 2017-08-01
  The appellate court affirmed the trial court's decision, holding that the plaintiffs failed to establish an easement by prescription or by estoppel over the defendants' property. The court found that the plaintiffs did not meet the heightened evidentiary standard required for suc
• 5730 Lake Underhill, LLC v. Smith-Horner, LLP
  179 So. 3d 392· Fla. 5th DCA· 2015-11-06
  The Fifth District Court of Appeal affirmed a trial court's determination that a permanent easement for vehicular traffic existed between two adjacent properties, one containing a Popeyes restaurant, but reversed the award of nominal damages as excessive and remanded for adjustme
• Messer v. Sander
  144 So. 3d 566· Fla. 1st DCA· 2014-07-09
  Appellants Paul and Betty Messer appealed a trial court's denial of a statutory easement under Florida Statute §704.01(2) to access their landlocked Leon County property through a private road (Still Creek Road) owned by the Appellees. The appellate court reversed, holding that t
• Foley v. Civil Action No. 4776-MA
  Del. Ch.· 2013-12-18
  The appellate court affirmed the trial court's decision, granting petitioner title to Disputed Area 1 by adverse possession while denying title to Disputed Area 2. The court found that the senior chain of title, as established by the earlier recorded deed, dictated the boundary l
• Ormil Savage and Jennifer Savage v. Civil Action No. 7918-VCG John T. Barreto
  2005 WL 3359113· Del. Ch.· 2013-07-17
  The court held that the petitioners established a prescriptive easement over the "Inner Loop" of a driveway. The court found that the use was open, notorious, and hostile for over twenty years, meeting the clear and convincing evidence standard required for prescriptive easements