NORMAN COHEN, AS TRUSTEE UNDER THAT CERTAIN LAND TRUST AGREEMENT DATED JUNE 15, 1972, AND KNOWN AS TRUST NO. 72-LT-9, AND JEROME H. TICK, MURRAY BLATTMAN AND NORMAN COHEN, APPELLANTS,
v.
PAN AMERICAN ALUMINUM CORPORATION, A FLORIDA CORPORATION, AND FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 1978-10-10
No. 78-48
Before HENDRY and KEHOE, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
363 So. 2d 59 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Plaintiffs appealed a summary judgment dismissing their attempt to enjoin defendants from using their property as a railway right of way, claiming an easement had expired due to non-use. The court affirmed, holding that the easement language was unambiguous and that non-use of tracks for 120 days does not terminate an easement when the property itself remains capable of being used as a right of way.


Holding

The easement language is not ambiguous and clearly provides for expiration only if the property ceases to be used as a railway right of way for 120 consecutive days. The property itself constitutes the right of way, not the tracks laid upon it, and non-use of tracks does not constitute abandonment of the property's use as a right of way. Therefore, summary judgment for defendants was properly entered.


Headnotes

[1] An easement for a railway right-of-way does not expire merely because no trains pass over the tracks for a specified period, if the property itself is still maintained an…

[2] Where the language of a deed granting an easement is clear and unambiguous, judicial interpretation of the grantor's intent is inappropriate.

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Key Quotes

“The controlling document is not ambiguous. It provides that the easement is to expire when the property ceases to be used as a railway right of way for the specified time period.”

Establishes the court's holding that the easement language is clear and unambiguous, supporting affirmance of summary judgment.

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Facts & Procedural History

Plaintiffs' predecessor in title had granted an easement to defendants for a railway right of way. The easement document provided it would expire if t…

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Opinion of the Court
KEHOE, Judge.

KEHOE, Judge.

The sole issue on this appeal by plaintiffs from a final summary judgment rendered for defendants is whether the language of a particular document granting an easement for a railway right of way was correctly interpreted by the trial court. We hold that it was and affirm the judgment below.

Plaintiffs’ property was burdened by an easement which their predecessor in title had granted to one of the defendants. Contending that the easement had expired, plaintiffs sought to enjoin defendants from using the property as a railway right of way. The trial court found, as a matter of law, that the easement had not expired and rendered summary judgment for defendants. This appeal ensued.

The document at issue recites:

“[T]he Grantor does hereby and by these presents give and grant unto the Grantee, its successors and assigns, an exclusive perpetual easement over the lands hereinafter described, for the sole use of the Grantee for the purposes herein set forth, to wit, to use said land for a railway right-of-way to serve Grantee’s property.

* * * * *

It is expressly understood and agreed that this easement and rights and privileges hereby granted will expire and become null and void whenever the Grantee, its successors or assigns, fails to use the property for a railway right-of-way for any one hundred twenty (120) consecutive days.”

Plaintiff-appellant contends the document is ambiguous and material issues of fact remain unresolved, arguing that the intent of the grantor was to terminate the easement if the use of the tracks was abandoned for the stated period. The argument is without merit.

The controlling document is not ambiguous. It provides that the easement is to expire when the property ceases to be used as a railway right of way for the specified time period. Where the language of a deed is clear and the grantor’s intention is reflected by that language, judicial interpretation of the words employed is inappropriate. Saltzman v. Ahern, 306 So. 2d 537 (Fla.1st DCA 1975). It is the property itself which is the right of way, not the tracks laid thereupon. See Figg v. Louisville & N. R. Co., 116 Ky. 135, 75 S.W. 269, 270 (1903); Rio Grande Western Ry. Co. v. Salt Lake Inv. Co., 35 Utah 528, 101 P. 586, 589 (1909).

The record is devoid of any showing that the property was not used as a railroad right of way or that the right to so use it was abandoned merely because no trains passed over the tracks for one hundred twenty days. Therefore, the decision of the trial court must be upheld.

Affirmed.


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Citator

Cited By

  • Rogers v. The United States, 184 So. 3d 1087 (Fla. 2015)
    …53 So. 381 (1910); Silver Springs, Ocala & Gulf R.R. v. Van Ness, 45 Fla. 559, 34 So. 884 (1903), does not change this fact. The determinative factor is the language of the deed when the language is clear. See, e.g., Cohen v. Pan Am. Aluminum Corp., 363 So. 2d 59 (Fla. 3d DCA 1978). On the first component of the certified question, we answer that nothing in section 2241, Revised Statutes of Florida (1892), as the statute existed then or later, limited the railroad’s interest in the property regardless of th…
  • Mason v. Martina R. Roser, 588 So. 2d 622 (Fla. 1st DCA 1991)
    …neral rule is that if there is no ambiguity in the language employed then the intention of the grantor must be ascertained from that language. Saltzman v. Ahern, 306 So. 2d 537, 539 (Fla. 1st DCA 1975); see also Cohen v. Pan American Aluminum Corp., 363 So. 2d 59 (Fla. 3d DCA 1978). On occasion, however, parol evidence is admissible to resolve ambiguities with respect to the stated consideration for a conveyance. For example, “[a] deed which recites a consideration of a sum of money ‘and other valuable consi…

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