RAGAN GANTT AND SUNSHINE LAND ENTERPRISES, L.C., APPELLANTS,
v.
RIVERBEND ESTATES, INC., APPELLEE

Fla. 2d DCA | 2000-04-26
No. 2D99-2679
NORTHCUTT, A.C.J., and GREEN, J., Concur.
755 So. 2d 817 Florida District Court of Appeal, Second District (2000)

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Synopsis

Ragan Gantt and Sunshine Land Enterprises appealed a trial court judgment that quieted title in favor of Riverbend Estates and found slander of title. The Florida appellate court reversed, holding that an easement is not title to land, and therefore Riverbend Estates could not bring a quiet title action or slander of title claim based on a mere easement right.


Holding

An easement is an intangible right to use property, not title to the property itself. Therefore, a court cannot quiet title unless the plaintiff first demonstrates title to the property. Riverbend Estates, holding only a nonexclusive easement, lacked the necessary title to bring either a quiet title action or a slander of title claim.


Headnotes

[1] A plaintiff must hold title to property to maintain an action to quiet title.

[2] An easement is an intangible right to use property belonging to another, not title to the property itself.

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Key Quotes

“an easement is not title to land, but rather an intangible right to make use of property belonging to another”

Establishes the fundamental legal distinction that forms the basis for reversing both the quiet title and slander of title claims.

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Facts & Procedural History

In 1980, Riverbend Estates obtained a nonexclusive access easement as a statutory way of necessity across property owned by the South Florida Water Ma…

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Ragan Gantt and Sunshine Land Enterprises, L.C. (“Appellants”), seek our re view of the trial court’s final judgment quieting title in favor of Riverbend Estates, Inc. (“Appellee”). The trial court’s final judgment included a finding that Appellants slandered Appellee’s title to certain real property. The trial court awarded Appellee nominal damages on the slander of title claim, and Appellee now cross appeals this nominal damages award. We reverse the entirety of the trial court’s final judgment.

In 1980, the trial court granted Appellee a nonexclusive access easement, as a statutory way of necessity, across real property owned by the South Florida Water Management District (“the District”). The District subsequently leased the same property to the City of La Belle (“the City”). The City then granted a nonexclusive easement over the same property to Appellants.

Appellee later filed a two-count complaint against Appellants. In the first count of the complaint, Appellee sought to quiet title against Appellants, essentially asking the trial court to declare the Appellants’ easement from the City invalid. Appellee argued that the City lacked authority to grant such an easement. Additionally, in the second count of its complaint, Appellee claimed that Appellants slandered its “title,” thereby causing Ap-pellee to suffer monetary damages. In response, Appellants averred that Appel-lee could not bring either count of its complaint because it did not hold “title” to the property in question. Appellants also argued that Appellee failed to prove any actual pecuniary loss to justify a damages award.. The trial court entered summary judgment in favor of Appellee on both counts, but awarded only nominal damages.

We initially recognize that an easement is not title to land, but rather an intangible right to make use of property belonging to another. See Sears, Roebuck & Co. v. Franchise Fin. Corp. of Am., 711 So. 2d 1189, 1191 (Fla. 2d DCA 1998); Crigger v. Florida Power Corp., 436 So. 2d 937, 941 (Fla. 5th DCA 1983). In the case at bar, Appellee holds a nonexclusive right to use the subject property, not title to the property. A court cannot use its equitable powers to quiet title to property unless a plaintiff first shows that he or she has title to that property. See Atlantic Beach Improvement Corp. v. Hall, 143 Fla. 778, 782, 197 So. 464, 466 (1940). Accordingly, the trial court erred in granting summary judgment on the quiet title count. Appel-lee did not use the proper vehicle to obtain the trial court’s determination whether the City lacked authority to grant an easement to Appellants.

Likewise, since Appellee owns nothing more than a nonexclusive easement to use the servient property, the trial court erred in finding that Appellants slandered Appel-lee’s “title.” Thus, the trial court erred in awarding even nominal damages to Appel-lee.

We reverse and remand with instructions to enter judgment in favor of Appellants.

NORTHCUTT, A.C.J., and GREEN, J., Concur.


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