WILLIAM L. GANEY, JR., APPELLANT,
v.
RAYMOND F. BYRD ET AL., APPELLEES
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ROBERT P. SMITH, Jr., Judge.
Ganey appeals from an order dismissing his action with prejudice for repeated failure to state a cause of action to establish a statutory way of necessity over the lands of Byrd. Section 704.01(2), Florida Statutes (1979). A statutory way may be declared only if no other access exists by common law implication, Section 704.01(1), or by expressed grant. Appellant’s contract for deed with another neighbor, Shelby, secures appellant an equitable interest in the access easement expressly granted by the contract. By virtue of the same contract, appellant likewise has an equitable interest in the lands surrounding his dwelling, to be conveyed by Shelby; and for that reason, were there no expressed grant of easement, appellant would enjoy an implied way of necessity over the lands of Shelby. Appellant therefore has no cause of action for a statutory way of necessity. Reyes v. Perez, 284 So. 2d 493 (Fla. 4th DCA 1973); Miami Bond & Mortgage Co. v. Bell, 101 Fla. 1291, 133 So. 547 (1931); Mid-State Investment Corp. v. O’Steen, 133 So. 2d 455 (Fla. 1st DCA 1961), cert. den., 136 So. 2d 349 (Fla.1961).
AFFIRMED.
BOOTH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parham v. Erwin K. Reddick and Marjorie Reddick, 537 So. 2d 132 (Fla. 1st DCA 1988)…nly in an orderly and proper manner. With regard to the first issue raised in this appeal, the principle is well settled that a statutory way of necessity comes into existence only if no other access exists by common law implication. Ganey v. Byrd, 383 So. 2d 652 (Fla. 1st DCA 1980); Reyes v. Perez, 284 So. 2d 493, 495 (Fla. 4th DCA 1973). See also Perkins v. Anderson, 518 So. 2d 1354 (Fla. 1st DCA 1988). In other words, where an implied [*135] common law way of necessity exists, the subsection (2) statutory…
Authorities Cited
- Miami Bond Mtg. Co. v. Bell Et Ux., 133 So. 547 (Fla. 1931)
- Mid-State Inv. Corp. v. O'Steen, 133 So. 2d 455 (Fla. 1st DCA 1961)
- Reyes v. Perez, 284 So. 2d 493 (Fla. 4th DCA 1973)
- O'Steen v. Mid-State Inv. Corp., 136 So. 2d 349 (Fla. 1961)
- City of Fort Lauderdale v. Kluianco, 136 So. 2d 349 (Fla. 1961)