TRAVELERS INSURANCE COMPANY, APPELLANT,

v.

EDWIN J. S. YOUNG, APPELLEE

Citator

Cited By

• Est. of Eunice G. Hampton v. Fairchild-Florida Constr. Co., 341 So. 2d 759 (Fla. 1976)
  …esent case was brought pursuant to Section 704.01, Florida Statutes (1975), which is silent as to attorneys’ fees. Appellee argues that proceedings under Section 704.01 are in reality eminent domain proceedings,3 relying on dicta in Stein v. Darby, 126 So. 2d 313 (Fla. 1st DCA 1961), cert. den. 134 So. 2d 232 (Fla. 1961) to the effect that Chapter 704, Florida Statutes, was enacted “to [comjplement the common law rule with a statutory proceeding in eminent domain.” 126 So. 2d at 317. With the question square…

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• Blanton v. City OF Pinellas Park, 887 So. 2d 1224 (Fla. 2004)
  …s, in a property conveyance “the deed of the grantor as much creates the way of necessity as it does the way by grant, the only difference between the two being that one is granted in express words and the other only by implication.” Stein v. Darby, 126 So. 2d 313, 318 (Fla. 1st DCA 1961). A common law way of necessity is an easement from its inception. However, a landowner who meets the requirements for a statutory way of necessity does not obtain an easement until an award ordered by the circuit court is p…
• Reyes v. Perez, 284 So. 2d 493 (Fla. 4th DCA 1973)
  …tablishment of a statutory easement under section (2). It is our view that the legislature in its wisdom provided for a statutory way of necessity to be applied where land would not qualify for the common law right. See Stein v. Darby, Fla.App.1961, 126 So. 2d 313, cert. den., 134 So. 2d 232; 1 Fla. Real Property Practice § 12.8 (2d ed. 1971); 1 Boyer, Real Estate Transactions § 23.03(e). As we view it, the common law easement comes into being by implication at the very time the grantor conveys a parcel whic…

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Authorities Cited

• Equitable Life Assurance Soc'y of the United States v. Wiggins, 115 Fla. 136 (Fla. 1934)