FOSTER BURGESS, APPELLANT,
v.
EDGAR F. BURD AND WIFE, SUSAN BURD; AND LOUIS H. DISMUKES, JR., AND WIFE, KATHY C. DISMUKES; AND LOUISE W. CARMICHAEL CRENSHAW, INDIVIDUALLY, APPELLEES
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The court reversed the trial court's judgment granting a private prescriptive easement, finding the record failed to demonstrate that the appellees' use of trails across the appellant's property was adverse for the requisite statutory period.
A prescriptive easement cannot be established without proof that the use was adverse for the entire period required by Florida law.
[1] A prescriptive easement requires proof that the use was adverse for the entire statutory period; failure to establish adversity for the requisite duration defeats the cla…
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Join FLexlaw to unlock all legal intelligenceFoster Burgess appealed a judgment granting appellees a private prescriptive easement over portions of his property for use of specific trails.…
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PER CURIAM.
Foster F. Burgess (Appellant) appeals from a final judgment and an order on motion for rehearing that granted Appellees a private prescriptive easement over a portion of Appellant’s property. Viewing the evidence in the light most favorable to sustaining the result, we are constrained to conclude that the record failed to show that Appellees’ use of specific trails across Appellant’s property was adverse for the requisite period of time set forth under Florida law. Therefore, the record failed to demonstrate sufficient proof of all the required elements of a prescriptive easement. City of Daytona Beach v. Tona-Rama, Inc., 294 So. 2d 73, 76 (Fla.1974); Downing v. Bird, 100 So. 2d 57, 64 (Fla.1958); Guerard v. Roper, 385 So. 2d 718, 720-21 (Fla. 5th DCA), rev. den., 392 So. 2d 1378 (Fla.1980); J.C. Vereen & Sons, Inc. v. Houser, 123 Fla. 641, 167 So. 45, 47 (1936); Phelps v. Griffith, 629 So. 2d 304 (Fla. 2d DCA 1993); Telesco v. Nooner and Neal Co., 600 So. 2d 1291 (Fla. 1st DCA 1992); Crigger v. Florida Power Corp., 436 So. 2d 937 (Fla. 5th DCA 1983); Gibson v. Buice, 394 So. 2d 451 (Fla. 5th DCA 1981); Suwannee River Water Management District v. Price, 651 So. 2d 749 (Fla. 1st DCA 1995); State ex rel. Shorett v. Blue Ridge Club, Inc., 22 Wash.2d 487, 156 P. 2d 667 (1945).
REVERSED.
WEBSTER, MICKLE and VAN NORTWICK, JJ., concur.
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Citator
Cited By
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Keesee v. Keesee, 675 So. 2d 655 (Fla. 5th DCA 1996)…2d DCA 1993). . Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980); Kremer v. Kremer, 595 So. 2d 214 (Fla. 2d DCA 1992); Blaty v. Blaty, 443 So. 2d 297 (Fla. 3d DCA 1983). . Miller v. Nifakos, 655 So. 2d 192 (Fla. 4th DCA 1995); Burgess v. Burd, 654 So. 2d 1028 (Fla. 1st DCA 1995).…
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Farley v. Annie B. Hiers for Lottie M. Blount, 668 So. 2d 248 (Fla. 1st DCA 1996)…ner’s title, and with the owner’s permission; and the burden is on the claimant to prove that such use or possession is adverse to the owner.” Id. On review, the court must view the evidence in favor of sustaining the finding below. Burgess v. Burd, 654 So. 2d 1028 (Fla. 1st DCA 1995). Doubts as to the existence of an easement are to be resolved in favor of the landowner, and the proof required to overcome the presumption of permission “cannot be established by loose, uncertain testimony which necessitates res…
Authorities Cited
- Lottie Sykes Downing v. Bird, 100 So. 2d 57 (Fla. 1958)
- J. C. Vereen & Sons, Inc. v. Houser, 123 Fla. 641 (Fla. 1936)
- Crigger v. Fla. Power Corp., 436 So. 2d 937 (Fla. 5th DCA 1983)
- The City OF Daytona Beach v. Tona-Rama, Inc., 294 So. 2d 73 (Fla. 1974)
- Maone B. Guerard v. Waldron Roper, 385 So. 2d 718 (Fla. 5th DCA 1980)
- Suwannee River Water Mgmt. Dist. v. Price, 651 So. 2d 749 (Fla. 1st DCA 1995)
- Phelps v. Griffith, 629 So. 2d 304 (Fla. 2d DCA 1993)
- Gibson v. Buice, 394 So. 2d 451 (Fla. 5th DCA 1981)
- Telesco v. Nooner & Neal Co., Inc., 600 So. 2d 1291 (Fla. 1st DCA 1992)