GRACE DURLAND AND GENE DURLAND, HER HUSBAND, APPELLANTS,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE
GRACE DURLAND AND GENE DURLAND, HER HUSBAND, APPELLANTS,
ALLSTATE INSURANCE COMPANY, APPELLEE
344 So. 2d 951
Florida District Court of Appeal, First District (1977)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. Ragle v. Firemen’s Fund Ins. Co., 336 So. 2d 1197 (Fla. 1st DCA 1976); Lange v. State Farm Mut. Ins. Co., 300 So. 2d 68 (Fla. 1st DCA 1974); Summers v. Jackson, 307 So. 2d 235 (Fla. 4th DCA 1975); American Fire & Cas. Co. v. Dawson, 320 So. 2d 38 (Fla. 2d DCA 1975).
RAWLS, Acting G. J., and McCORD and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Am. Quick Sign, Inc. v. Reinhardt, 899 So. 2d 461 (Fla. 5th DCA 2005)…(“[The] owner of the access easement cannot increase the burden on ... [a servient tenement] to any greater extent than reasonably necessary and contemplated at the time the access easement was granted.”) (citation omitted); Easton; Groff v. Moses, 344 So. 2d 951 (Fla. 2d DCA 1977). We conclude that the trial court’s determination regarding the creation of a second easement is clearly erroneous and must be reversed. Only one easement has been created and that is the one emanating from the Easement Agreement…
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Easton v. Appler, 548 So. 2d 691 (Fla. 3d DCA 1989)…an exclusive easement to use the turning basin — the drastic remedy must be vacated. Furthermore, the burden created by an easement may not be increased beyond that reasonably contemplated by the parties at the time of its creation. Groff v. Moses, 344 So. 2d 951 (Fla. 2d DCA 1977). In this case the homeowners could reasonably have expected only that the turning basin would be forever open to them, and that dockage would be provided at a nominal fee for thirty years. The grantor expected the rights he convey…
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Star Island Assocs. v. City OF ST. Petersburg Beach, 433 So. 2d 998 (Fla. 2d DCA 1983)…ht-of-way upon the servient estate must not be increased to any greater extent than reasonably necessary and contemplated at the time of the initial acquisition.” Crutchfield v. F.A. Sebring Realty Co., 69 So. 2d 328, 330 (Fla.1954); Groff v. Moses, 344 So. 2d 951 (Fla. 2d DCA 1977). In Crutchfield, the Florida Supreme Court found that an easement given for irrigation purposes at a time when irrigation was accomplished by hauling water in barrels on a wagon pulled by a mule did not allow the installation of m…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Azalene Summers and D. S. Summers v. Jackson, 307 So. 2d 235 (Fla. 4th DCA 1975)
- Lange v. State Farm Mut. Auto. Ins. Co., 300 So. 2d 68 (Fla. 1st DCA 1974)
- Cape Publ'ns, Inc. v. Adams, 336 So. 2d 1197 (Fla. 4th DCA 1976)
- Ragle v. Firemen's Fund INS. Co., 336 So. 2d 1197 (Fla. 1st DCA 1976)
- Am. Fire & Cas. Co. v. Dawson, 320 So. 2d 38 (Fla. 2d DCA 1975)