WILLIAM C. MCALPIN AND ELIZABETH A. MCALPIN, HIS WIFE, APPELLANTS,

v.

D. D. NEWTON, APPELLEE

Citator

Cited By

• Platt v. Pietras, 382 So. 2d 414 (Fla. 5th DCA 1980)
  …general easement, that only cases involving a claim of prescriptive right-of-way require proof of a definite route and termini and the actual length and width of the road, Downing v. Bird, 100 So. 2d 57 (Fla.1958); Sunnybrook Groves, Inc. v. Hicks, 113 So. 2d 239 (Fla.2d DCA 1959). True, those cases and others do impose those requirements on road right-of-way easements, but our agreement with appellant’s interpretation of these cases does not solve the problem here. Perhaps the trial court should not have ap…
• Grenell v. Scott, 134 So. 2d 866 (Fla. 2d DCA 1961)
  …based on possession or use, is not favored in the law and the acquisition of such rights will be restricted, and any doubts as to the creation of the right must be resolved in favor of the owner. In Sunnybrook Groves, Inc. v. Hicks, Fla. App.1959, 113 So. 2d 239, this court reversed the chancellor in an instance where the chancellor found the width of the road as fifteen feet, whereas the testimony on the width showed the width to be no more than fourteen feet, except at one point, and again reiterated the…
• Gibson v. Buice, 394 So. 2d 451 (Fla. 5th DCA 1981)
  …So. 2d 1072 (Fla. 5th DCA 1980). A prescriptive right-of-way cannot be acquired to pass over a tract of land generally but must be confined to a reasonably definite line and limited to the extent of the actual use. Sunnybrook Groves, Inc. v. Hicks, 113 So. 2d 239 (Fla. 2d DCA 1959). Thus, to claim a prescriptive easement, one must allege and prove its route, termini and width. Deseret Ranches of Florida, Inc. v. Bowman, 340 So. 2d 1232 (Fla. 4th DCA 1976). The amended complaint in the case before us recites…

Authorities Cited

• Liles v. Savage, 121 Fla. 83 (Fla. 1935)
• Mayo v. Fla. Grapefruit Growers' Protective Ass'n, 121 Fla. 156 (Fla. 1935)