EVERGLADES PIPE LINE COMPANY, APPELLANT,
v.
MORAIMA TRUJILLO, APPELLEE
Explore caselaw by topic → Browse Encroachment cases and more on FLexlaw
PER CURIAM.
We reverse the order granting summary judgment to appellee/defendant below. By its introduction of a written covenant expressly prohibiting building on its easement, appellant established that appellee’s construction of an addition to her home constituted an encroachment on the appellant’s right-of-way interest. Material questions of fact remain as to whether appel-lee’s construction unreasonably interferes with the appellant’s right-of-way interest as well as the extent of damages suffered by the appellant and the appropriate remedy. Upon remand, appellant should be offered leave to amend its pleadings to correct infirmities. Furthermore, appellee should be granted an opportunity to establish equitable defenses. Accordingly, the order denying relevant discovery is also reversed.
REVERSED AND REMANDED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dianne v. Adrian and Charline Wingate, 84 So. 3d 427 (Fla. 1st DCA 2012)…ts”). Whether a particular action by a servient tenement holder constitutes unreasonable interference is ordinarily a question of fact. See, e.g., Preshlock v. Brenner, 234 Va. 407, 362 S.E. 2d 696, 698 (1987); Everglades Pipe Line Co. v. Trujillo, 534 So. 2d 881, 881 (Fla. 3d DCA 1988); Toups v. Abshire, 979 So. 2d 616, 618 (La.Ct.App.2008). In resolving the question of reasonableness, significant factors the courts may consider include the number of speed bumps, their height, the spacing between speed bump…
-
ROY v. Highland Ocean Assocs., Inc., 718 So. 2d 366 (Fla. 4th DCA 1998)…Further issues of fact remain as to whether appellees’ construction on the dominant tenement unreasonably interfered with appellant’s right-of-way interests as well as the extent of damages suffered, if any. See Everglades Pipe Line Co. v. Trujillo, 534 So. 2d 881 (Fla. 3d DCA 1988). We remand for further proceedings to conduct a hearing regarding the intent of the parties at the time the easement was created relative to the exclusivity of the easement. Once such determination has been made, the trial court…