JAMES T. STEPHENS AND SHARON STEPHENS, HIS WIFE, APPELLANTS,
v.
VERNON C. DOBBINS AND YOLANDA DOBBINS, HIS WIFE, APPELLEES
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PATTERSON, DAVID F., Associate Judge.
The owners of a partial interest in a parcel of real property appeal a judgment finding that the appellees have an exclusive easement over the land which precludes any use of the land by the landowners. We reverse.
The general rule of law in Florida is that an instrument creating an easement must be construed as creating a nonexclusive easement unless the instrument clearly shows an intention that the easement is to be exclusive. See Wiggins v. Lykes Brothers, Inc., 97 So. 2d 273 (Fla.1957); Gelfand v. Mortgage Investors of Washington, 453 So. 2d 897 (Fla. 4th DCA 1984); Consolidated Gas Co. v. City Gas Co., 447 So. 2d 351 (Fla. 3d DCA 1984). The instrument creating the easement in this case stated only that it gave the easement owners “an easement for ingress and egress” over the particular parcel of land. Because the instrument did not specifically state that the easement was an exclusive easement, the instrument should be construed as having created a nonexclusive easement allowing appellants any use of the land which does not interfere with appellees’ rights under the easement.
Reversed and remanded for proceedings consistent herewith.
DANAHY, C.J., and SCHEB, J., concur.
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Am. Quick Sign, Inc. v. Reinhardt, 899 So. 2d 461 (Fla. 5th DCA 2005)…parcel to use their land in any manner provided that, the use does not interfere with the rights of .those to whom the easement was granted. Perlini v. Seminole Woods Cmty. Assn., Inc., 582 So. 2d 1221, 1224 (Fla. 5th DCA 1991); Stephens v. Dobbins, 511 So. 2d 652 (Fla. 2d DCA 1987). If an easement is silent on this point, the law generally requires that it be construed as a nonexclusive easement. Stephens. . Quick Sign adverts to decisions which hold that a conveyance "subject to” an easement is not suffici…
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Easton v. Appler, 548 So. 2d 691 (Fla. 3d DCA 1989)…Wiggins v. Lykes Bros., 97 So. 2d 273, 276 (Fla.1957) (if doubt exists over scope of easement granted, court will conclude that grantor may also use land subject to easement so long as he does not interfere with grantee’s use); Stephens v. Dobbins, 511 So. 2d 652 (Fla. 2d DCA 1987) (same); Gel [*695] fand, v. Mortgage Investors, 453 So. 2d 897 (Fla. 4th DCA 1984) (same).3 The appellees base their claim to an exclusive easement on two Florida cases, McCorquodale v. Keyton, 63 So. 2d 906 (Fla.1953) and Reiger…
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State v. Fla. GAS Transmission Co., LLC, 126 So. 3d 1095 (Fla. 4th DCA 2012)…ce when placed within fifteen feet of its "pipelines. DOT responds that the testimony does not support such a finding. The owner of the land on which the easement exists may not interfere with the rights of the easement-holder. Stephens v. Dobbins, 511 So. 2d 652, 653 (Fla. 2d DCA 1987). “[A]n easement which grants the right to operate a natural gas pipeline must, if the easement is not to be wholly illusory, imply the right to operate the pipeline in accordance with applicable federal laws and regulations.”…
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- Wiggins v. Lykes Bros., Inc., 97 So. 2d 273 (Fla. 1957)
- Gelfand v. Mortg. Invs. OF Wash., 453 So. 2d 897 (Fla. 4th DCA 1984)
- Consol. GAS Co. OF Fla. v. City GAS Co. OF Fla., 447 So. 2d 351 (Fla. 3d DCA 1984)