Florida Statute 704.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

View Entire Chapter

F.S. 704.01

704.01 Common-law and statutory easements defined and determined.—

(1) IMPLIED GRANT OF WAY OF NECESSITY.—The common-law rule of an implied grant of a way of necessity is hereby recognized, specifically adopted, and clarified. Such an implied grant exists where a person has heretofore granted or hereafter grants lands to which there is no accessible right-of-way except over her or his land, or has heretofore retained or hereafter retains land which is inaccessible except over the land which the person conveys. In such instances a right-of-way is presumed to have been granted or reserved. Such an implied grant or easement in lands or estates exists where there is no other reasonable and practicable way of egress, or ingress and same is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved. An implied grant arises only where a unity of title exists from a common source other than the original grant from the state or United States; provided, however, that where there is a common source of title subsequent to the original grant from the state or United States, the right of the dominant tenement shall not be terminated if title of either the dominant or servient tenement has been or should be transferred for nonpayment of taxes either by foreclosure, reversion, or otherwise.

¹(2) STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW RIGHT.—Based on public policy, convenience, and necessity, a statutory way of necessity exclusive of any common-law right exists when any land, including land formed by accretion, reliction, or other naturally occurring processes, or portion thereof, which is being used or is desired to be used for a dwelling or dwellings or for agricultural or for timber raising or cutting or stockraising purposes is shut off or hemmed in by lands, fencing, or other improvements by other persons so that no practicable route of egress or ingress is available therefrom to the nearest practicable public or private road in which the landlocked owner has vested easement rights. The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under, through, and upon the lands which lie between the said shut-off or hemmed-in lands and such public or private road by means of the nearest practical route, considering the use to which said lands are being put; and the use thereof, as aforesaid, shall not constitute a trespass; nor shall the party thus using the same be liable in damages for the use thereof, provided that such easement shall be used only in an orderly and proper manner.

History.—s. 1, ch. 7326, 1917; RGS 4999; CGL 7088; s. 1, ch. 28070, 1953; s. 220, ch. 77-104; s. 1, ch. 91-117; s. 788, ch. 97-102; ss. 1, 2, ch. 2005-214.

¹Note.—Section 2, ch. 2005-214, reenacted subsection (2) as it existed prior to amendment by s. 1, ch. 2005-214, “[e]ffective only if a court determines that subsection (2) . . . , as amended by [s. 1, ch. 2005-214], is unconstitutional and such determination is upheld on appeal,” to read:

(2) STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW RIGHT.—Based on public policy, convenience, and necessity, a statutory way of necessity exclusive of any common-law right exists when any land or portion thereof outside any municipality which is being used or desired to be used for a dwelling or dwellings or for agricultural or for timber raising or cutting or stockraising purposes shall be shut off or hemmed in by lands, fencing, or other improvements of other persons so that no practicable route of egress or ingress shall be available therefrom to the nearest practicable public or private road. The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under, through, and upon the lands which lie between the said shut-off or hemmed-in lands and such public or private road by means of the nearest practical route, considering the use to which said lands are being put; and the use thereof, as aforesaid, shall not constitute a trespass; nor shall the party thus using the same be liable in damages for the use thereof; provided that such easement shall be used only in an orderly and proper manner.

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Amendments to 704.01

Annotations, Discussions, Cases:

Cases Citing Statute 704.01

Total Results: 130

In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing Trustee

869 F.2d 1434, 20 Collier Bankr. Cas. 2d 1140, 1989 U.S. App. LEXIS 4821, 1989 WL 25699

Court of Appeals for the Eleventh Circuit | Filed: Apr 10, 1989 | Docket: 818671

Cited 109 times | Published

best interests of parties in interest.” 11 U.S.C. § 704(1). As a practical matter, however, the trustee often

E.F. Hutton & Co., Inc. v. George Hadley, Bankruptcy Trustee, Inc., Trustee for the Liquidation of Gic Government Securities, Inc.

901 F.2d 979

Court of Appeals for the Eleventh Circuit | Filed: May 24, 1990 | Docket: 511852

Cited 105 times | Published

for which such trustee serves.” 11 U.S.C. § 704(1) (1982) (emphasis added). Section 541 defines property

Blanton v. City of Pinellas Park

887 So. 2d 1224, 2004 WL 2359991

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1515177

Cited 46 times | Published

a statutory way of necessity authorized by section 704.01(2), Florida Statutes (2003). Relying on this

City of Gainesville v. STATE, DOT

778 So. 2d 519, 2001 WL 209068

District Court of Appeal of Florida | Filed: Mar 5, 2001 | Docket: 1290355

Cited 31 times | Published

applicable statute: Appellant contends that section 704.01 does not apply to it because it is not a "person"

Carratelli v. State

832 So. 2d 850, 2002 WL 31557194

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1700037

Cited 27 times | Published

admissible." CHARLES W. EHRHARDT, FLORIDA EVIDENCE § 704.1 (2002 ed.). In this case, the disputed sketch was

Seminole Boatyard, Inc. v. Christoph

715 So. 2d 987, 1998 WL 329511

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1717179

Cited 27 times | Published

findings. This appeal follows. Pursuant to 11 U.S.C. § 704(1), a Chapter 7 trustee shall "collect and reduce

Estate of Hampton v. Fairchild-Fla. Const. Co.

341 So. 2d 759

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 153436

Cited 23 times | Published

establish a statutory way of necessity, pursuant to Section 704.01(2), Florida Statutes (1975),[1] to allow ingress

3-M Corp.-McGhan Med. Reports v. Brown

475 So. 2d 994, 10 Fla. L. Weekly 2199

District Court of Appeal of Florida | Filed: Sep 19, 1985 | Docket: 1301861

Cited 18 times | Published

§ 706.1 at 423-425 (2d ed. 1984). [4] Id. at § 704.1 at 411-414. [5] Celotex Corp. v. Pickett, 459

Riggins v. Mariner Boat Works, Inc.

545 So. 2d 430, 1989 WL 64533

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1702839

Cited 16 times | Published

(Fla. 4th DCA 1983); Ehrhardt, Florida Evidence, § 704.1 (2d ed. 1984). In this case, the expert's testimony

Forester v. Norman Roger Jewell & Brooks Intern., Inc.

610 So. 2d 1369, 1992 WL 385386

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1734875

Cited 15 times | Published

as to the basis for his opinion. See Ehrhardt, § 704.1, at 496 ("Whether or not the expert explains during

Hensel v. Aurilio

417 So. 2d 1035

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 1722006

Cited 15 times | Published

either by virtue of the Common Law, or statute: § 704.01, Fla. Stat. These elementary rules apply generally

Crawford v. Shivashankar

474 So. 2d 873, 56 A.L.R. 4th 1097

District Court of Appeal of Florida | Filed: Aug 22, 1985 | Docket: 1749678

Cited 14 times | Published

(Fla. 1982); accord, Ehrhardt, Florida Evidence, § 704.1 (2d Ed. 1984), at 413. As to the quality of the

Hancock v. Tipton

732 So. 2d 369, 1999 WL 76132

District Court of Appeal of Florida | Filed: Feb 19, 1999 | Docket: 460380

Cited 13 times | Published

of necessity over the Hancock property under section 704.01(2), Florida Statutes (1995). Count III alleged

Thomas F. Werner, Ruth E. Werner, David Litwack, Yvette A. Litwack, William Wargo, Lynn Wargo v. United States

9 F.3d 1514, 1993 U.S. App. LEXIS 33808, 1993 WL 503121

Court of Appeals for the Eleventh Circuit | Filed: Dec 28, 1993 | Docket: 1033873

Cited 13 times | Published

easement of necessity pursuant to Florida statute § 704.01(2). 2 The subject matter of the claimed

Roy v. Euro-Holland Vastgoed, BV

404 So. 2d 410

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 1782561

Cited 13 times | Published

appellee's property pursuant to the authority of Section 704.01(1), Florida Statutes (1979). After a non-jury

Stein v. Darby

134 So. 2d 232

Supreme Court of Florida | Filed: Oct 11, 1961 | Docket: 1343554

Cited 13 times | Published

expressed the "opinion that the application of Section 704.01(2), Florida Statutes to the circumstances here

Childers v. State

936 So. 2d 585, 2006 WL 2620262

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 109021

Cited 11 times | Published

necessity pursuant to section 704.01(2), Florida Statutes (1979). Section 704.01(2) provided for a statutory

Easton v. Appler

548 So. 2d 691, 1989 WL 75501

District Court of Appeal of Florida | Filed: Jul 11, 1989 | Docket: 1333404

Cited 11 times | Published

there is other reasonable access to the property); § 704.01, Fla. Stat. (1987). Because the record is incomplete

In Re Kay

223 B.R. 816, 1998 Bankr. LEXIS 1014, 1998 WL 477327

United States Bankruptcy Court, M.D. Florida | Filed: Mar 10, 1998 | Docket: 1087768

Cited 10 times | Published

Chapter 7 Trustee to the Debtor under 11 U.S.C § 704(1), which provides, in relevant part: "The trustee

Star Island Assoc. v. City of St. Petersburg Beach

433 So. 2d 998

District Court of Appeal of Florida | Filed: May 27, 1983 | Docket: 1727436

Cited 10 times | Published

time of conveyance from the common grantor. See § 704.01(1), Fla. Stat. (1981); Hanna v. Means, 319 So

Parham v. Reddick

537 So. 2d 132, 1988 WL 138488

District Court of Appeal of Florida | Filed: Dec 29, 1988 | Docket: 2558902

Cited 9 times | Published

trespass and damages is provided to them by Section 704.01(2) of the Florida Statutes." The trial court

Smithson v. VMS Realty, Inc.

536 So. 2d 260, 13 Fla. L. Weekly 2459, 1988 Fla. App. LEXIS 5035, 1988 WL 117586

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 2553424

Cited 9 times | Published

1985). See generally C. Ehrhardt, Florida Evidence § 704.1 at 414 (2d ed. 1984). "Where the expert's actual

Krause v. Title & Trust Co. of Florida

390 So. 2d 805

District Court of Appeal of Florida | Filed: Dec 3, 1980 | Docket: 1750296

Cited 9 times | Published

AFFIRMED. ORFINGER and COBB, JJ., concur. NOTES [1] § 704.01(1), Fla. Stat. (1979). [2] The court in this

Florida Power Corp. v. Scudder

350 So. 2d 106

District Court of Appeal of Florida | Filed: Sep 16, 1977 | Docket: 1713834

Cited 9 times | Published

Folsoms a statutory way of necessity under Section 704.01(2), Florida Statutes (1975). The award of $7

Hanna v. Means

319 So. 2d 61

District Court of Appeal of Florida | Filed: Aug 8, 1975 | Docket: 444216

Cited 9 times | Published

choose, to a statutory way of necessity pursuant to § 704.01(2), F.S. 1971, upon payment of just compensation

Reyes v. Perez

284 So. 2d 493

District Court of Appeal of Florida | Filed: Oct 19, 1973 | Docket: 1427519

Cited 9 times | Published

issue is an understanding and application of Section 704.01(1), (2), F.S. 1971, F.S.A.: "704.01 Common

Hunt v. Smith

137 So. 2d 232

District Court of Appeal of Florida | Filed: Jan 24, 1962 | Docket: 1739044

Cited 9 times | Published

should be carried by counsel for the parties. Section 704.01(1) of the Florida Statutes, F.S.A. recognizes

Cirelli v. Ent

885 So. 2d 423, 2004 WL 2340685

District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 1286814

Cited 8 times | Published

a statutory way of necessity as defined in section 704.01(2), Florida Statutes, and lost when the trial

Flores v. Miami-Dade County

787 So. 2d 955, 2001 Fla. App. LEXIS 8068, 26 Fla. L. Weekly Fed. D 1471

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1745004

Cited 8 times | Published

court." Charles W. Ehrhardt, Florida Evidence § 704.1, at 619 (2001) (footnote omitted); Bender v. State

H & F Land v. Panama City-Bay Co. Airport

736 So. 2d 1167, 24 Fla. L. Weekly Supp. 264, 1999 Fla. LEXIS 1047, 24 Fla. L. Weekly Fed. S 264

Supreme Court of Florida | Filed: Jun 10, 1999 | Docket: 1434171

Cited 8 times | Published

necessity, now codified under the provisions of section 704.01(1), Florida Statutes (1995).[2] While numerous

Moorings Ass'n v. Tortoise Island Communities

460 So. 2d 961

District Court of Appeal of Florida | Filed: Dec 13, 1984 | Docket: 1766410

Cited 8 times | Published

common-law way of necessity, now codified in section 704.01, Florida Statutes (1983), but that standard

Deseret Ranches of Florida, Inc. v. Bowman

349 So. 2d 155, 1977 Fla. LEXIS 3900

Supreme Court of Florida | Filed: Apr 21, 1977 | Docket: 1655116

Cited 8 times | Published

establishment of a way of necessity pursuant to Section 704.01(2), Florida Statutes: "(2) Statutory way of

Guess v. Azar

57 So. 2d 443, 1952 Fla. LEXIS 1070

Supreme Court of Florida | Filed: Mar 11, 1952 | Docket: 550230

Cited 8 times | Published

then found that in view of the provisions in Section 704.01, Florida Statutes 1949, and F.S.A., the defendants

Department of Corrections v. Williams

549 So. 2d 1071, 1989 WL 104487

District Court of Appeal of Florida | Filed: Sep 14, 1989 | Docket: 1373533

Cited 7 times | Published

DCA 1985). See also Ehrhardt, Florida Evidence § 704.1. Appellant's reliance on Bender v. State, 472 So

Benson v. State

526 So. 2d 948, 1988 WL 48987

District Court of Appeal of Florida | Filed: May 20, 1988 | Docket: 1272608

Cited 7 times | Published

2d DCA 1975); 1 C. Ehrhardt, Florida Evidence § 704.1 (2d ed. 1984). Whether the pipe used in the bombs

Moran v. Brawner

519 So. 2d 1131, 1988 WL 8385

District Court of Appeal of Florida | Filed: Feb 11, 1988 | Docket: 1698476

Cited 7 times | Published

Brawners and Rita L. Jones,[1] pursuant to section 704.01, Florida Statutes (1985),[2] in *1133 order

Hynes v. City of Lakeland

451 So. 2d 505

District Court of Appeal of Florida | Filed: May 4, 1984 | Docket: 1482514

Cited 7 times | Published

appellant alternatively sought, in accordance with section 704.01(1), Florida Statutes (1979), to establish implied

Dixon v. Feaster

448 So. 2d 554

District Court of Appeal of Florida | Filed: Mar 29, 1984 | Docket: 1523048

Cited 7 times | Published

as that common law concept is recognized in section 704.01(1), Florida Statutes (1981). When he died in

Stein v. Darby

126 So. 2d 313

District Court of Appeal of Florida | Filed: Jan 24, 1961 | Docket: 1314622

Cited 7 times | Published

certain public highway, under authority of F.S. Section 704.01(2), F.S.A., as well as certain *315 relief

Schroeder v. Lawhon

922 So. 2d 285, 2006 WL 305433

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1282380

Cited 6 times | Published

in connection with an action for partition. See § 704.01-.04, Fla. Stat. (2001). [11] A form for a "Judgment

Thrasher v. Arida

858 So. 2d 1173, 2003 WL 22517975

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 460764

Cited 6 times | Published

held a common law easement, as codified at section 704.01(1), Florida Statutes (2002), over Parcel Two

Dupont v. Whiteside

721 So. 2d 1259, 1998 WL 890209

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 2518344

Cited 6 times | Published

grant of way of necessity has been codified at section 704.01, Florida Statutes: (1) Implied grant of way

In Re Paul A. Nelson, P.A.

203 B.R. 756, 1996 Bankr. LEXIS 1621, 1996 WL 732093

United States Bankruptcy Court, M.D. Florida | Filed: Oct 22, 1996 | Docket: 1611111

Cited 6 times | Published

estate must be collected by the trustee, 11 U.S.C. § 704(1), and distributed as provided by law. 11 U.S.C

Barber v. OAKHILLS ESTATES

583 So. 2d 1114

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 1672031

Cited 6 times | Published

a statutory way of necessity pursuant to section 704.01(2), Fla. Stat. (1989).

Sapp v. General Development Corp.

472 So. 2d 544, 10 Fla. L. Weekly 1655

District Court of Appeal of Florida | Filed: Jul 3, 1985 | Docket: 1793833

Cited 6 times | Published

of a way of necessity has been codified as section 704.01(1), Florida Statutes (1983). The legislature

Zupansic v. Hyman (In Re Zupansic)

259 B.R. 388, 2001 U.S. Dist. LEXIS 2525, 2001 WL 245703

District Court, M.D. Florida | Filed: Mar 5, 2001 | Docket: 1095587

Cited 5 times | Published

with the trustee's duties pursuant to 11 U.S.C. § 704(1). The holdings in Green and Taylor do not restrict

Zupansic v. Hyman (In Re Zupansic)

259 B.R. 388, 2001 U.S. Dist. LEXIS 2525, 2001 WL 245703

District Court, M.D. Florida | Filed: Mar 5, 2001 | Docket: 1095587

Cited 5 times | Published

with the trustee's duties pursuant to 11 U.S.C. § 704(1). The holdings in Green and Taylor do not restrict

In Re Brand

251 B.R. 912, 13 Fla. L. Weekly Fed. B 287, 44 Collier Bankr. Cas. 2d 1267, 2000 Bankr. LEXIS 939

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 17, 2000 | Docket: 1084863

Cited 5 times | Published

of the bankruptcy estate. Pursuant to 11 U.S.C. § 704(1), a bankruptcy trustee has the duty to collect

Keene v. Jackson

732 So. 2d 1138, 1999 WL 129505

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 460401

Cited 5 times | Published

Ocheessee Pond. The trial court, relying upon section 704.01(1), Florida Statutes (1995), granted appellees

Kelly v. STATE FARM MUT. AUTOMOBILE INS.

720 So. 2d 1145, 1998 Fla. App. LEXIS 14414, 1998 WL 796419

District Court of Appeal of Florida | Filed: Nov 13, 1998 | Docket: 1719059

Cited 5 times | Published

DCA 1985); see also Ehrhardt, Florida Evidence § 704.1 at 569 (1998 Edition). However, in the instant

In Re Haggerty

215 B.R. 84, 11 Fla. L. Weekly Fed. B 131, 1997 Bankr. LEXIS 1978, 1997 WL 746980

United States Bankruptcy Court, M.D. Florida | Filed: Nov 17, 1997 | Docket: 1552598

Cited 5 times | Published

liquidate the property of the estate. 11 U.S.C. § 704(1) (1997). Reviewing correspondence which will assist

Hunter v. Marquardt, Inc.

549 So. 2d 1095, 1989 WL 113235

District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 1374216

Cited 5 times | Published

necessity through their property pursuant to section 704.01(1), Florida Statutes (1987).[1] Marquardt,

Faison v. Smith

510 So. 2d 928, 12 Fla. L. Weekly 1507

District Court of Appeal of Florida | Filed: Jun 18, 1987 | Docket: 1589052

Cited 5 times | Published

alleged that the action was brought pursuant to section 704.01(2) Florida Statutes. The answer of Faison was

Matthews v. Quarles

504 So. 2d 1246, 11 Fla. L. Weekly 2088

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 453534

Cited 5 times | Published

common law easement by way of necessity in Section 704.01(1), Florida Statutes (1983). This statute provides

Walkup v. Becker

161 So. 2d 893

District Court of Appeal of Florida | Filed: Mar 24, 1964 | Docket: 426809

Cited 5 times | Published

this chapter the word `practicable', as used in § 704.01, shall be held and construed to mean `without

Joyner v. Andrews

137 So. 2d 870

District Court of Appeal of Florida | Filed: Feb 21, 1962 | Docket: 1476028

Cited 5 times | Published

common law rule as to this has been clarified by section 704.01(1), Florida Statutes, F.S.A., which specifically

South Dade Farms v. B. & L. FARMS CO.

62 So. 2d 350, 1952 Fla. LEXIS 1905

Supreme Court of Florida | Filed: Dec 19, 1952 | Docket: 1251879

Cited 5 times | Published

for the relief and for the final decree is Section 704.01, Florida Statutes 1951, and F.S.A. It provides

Marks v. Marks

576 So. 2d 859, 1991 WL 35290

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1669885

Cited 4 times | Published

Annot. at 216-17; C. Ehrhardt, Florida Evidence § 704.1. Equally misplaced is the wife's reliance on section

Fox Investments v. Thomas

431 So. 2d 1021

District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 456339

Cited 4 times | Published

easement across the Thomas property pursuant to section 704.01(2), Florida Statutes (1981). The trial judge

South Fla. Water Management Dist. v. Layton

402 So. 2d 597

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 1313109

Cited 4 times | Published

indispensable party, which had not been joined; (2) section 704.01(2), Florida Statutes does not grant relief

Redman v. Kidwell

180 So. 2d 682

District Court of Appeal of Florida | Filed: Nov 23, 1965 | Docket: 1649217

Cited 4 times | Published

defendants' property by reason of F.S.A. § 704.01(1). F.S.A. § 704.01(1) adopts the common law rule that when

New Hope Power Co. v. United States Army Corps of Engineers

746 F. Supp. 2d 1272, 72 ERC (BNA) 2177, 2010 U.S. Dist. LEXIS 103231, 2010 WL 3834991

District Court, S.D. Florida | Filed: Sep 29, 2010 | Docket: 1902970

Cited 3 times | Published

"final" for the purpose of APA review under section 704: (1) "the action must mark the consummation of

Henkel v. Frese, Hansen, Anderson, Hueston, & Whitehead, P.A. (In Re Newgent Golf, Inc.)

402 B.R. 424, 2009 Bankr. LEXIS 562, 2009 WL 712442

United States Bankruptcy Court, M.D. Florida | Filed: Mar 2, 2009 | Docket: 1434911

Cited 3 times | Published

211 (Bankr.N.D.Ala.2000) (referencing 11 U.S.C. § 704(1)). As such, this belated agreement by the debtor's

In Re John

352 B.R. 895, 20 Fla. L. Weekly Fed. B 20, 2006 Bankr. LEXIS 2606, 2006 WL 2927430

United States Bankruptcy Court, N.D. Florida | Filed: Oct 4, 2006 | Docket: 1863339

Cited 3 times | Published

property of the estate and reducing it to money. § 704(1). To carry out this task, the Trustee must ascertain

Linn v. Fossum

894 So. 2d 974, 2004 WL 2330812

District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 1768465

Cited 3 times | Published

laboratories. See Charles W. Ehrhardt, Florida Evidence § 704.1 (2004). Section 90.704 enables a party to present

In Re Adelson

239 B.R. 627, 42 Collier Bankr. Cas. 2d 1713, 13 Fla. L. Weekly Fed. B 1, 1999 Bankr. LEXIS 1258

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 30, 1999 | Docket: 1112050

Cited 3 times | Published

for which such trustee serves . . ." 11 U.S.C. § 704(1); see In re Hyman, 123 B.R. 342, 347 (9th Cir.

Trammell v. Ward

667 So. 2d 223, 1995 WL 492949

District Court of Appeal of Florida | Filed: Aug 21, 1995 | Docket: 313295

Cited 3 times | Published

statutory way of necessity, as set forth in section 704.01(2), Florida Statutes. This provision states

Whitaker v. Interstate Commerce Commission (In re Olympia Holding Corp.)

141 B.R. 443, 6 Fla. L. Weekly Fed. B 147, 1992 Bankr. LEXIS 868, 23 Bankr. Ct. Dec. (CRR) 74

United States Bankruptcy Court, M.D. Florida | Filed: Jun 8, 1992 | Docket: 65780364

Cited 3 times | Published

Trustee has a duty and is required pursuant to Section 704(1) of the Bankruptcy Code to collect and reduce

Rayburn v. Bright

163 So. 3d 735, 2015 Fla. App. LEXIS 6432, 2015 WL 1942920

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247745

Cited 2 times | Published

necessity; (IV) statutory way of necessity under section 704.01, Florida Statutes; (V) trespass on the case;

Boroski v. Dyncorp International

662 F.3d 1197

Court of Appeals for the Eleventh Circuit | Filed: Oct 27, 2011 | Docket: 1021843

Cited 2 times | Published

claims procedures. 42 U.S.C. § 1651(a); 20 C.F.R. § 704.001. 2 . Because DynCorp timely contested

Followell v. United States

357 B.R. 868, 20 Fla. L. Weekly Fed. B 167, 2006 Bankr. LEXIS 3609, 2006 WL 3792686

United States Bankruptcy Court, M.D. Florida | Filed: Nov 22, 2006 | Docket: 1071813

Cited 2 times | Published

powers.[36] He has fulfilled the directives of § 704(1). The funds held by the Trustee constitute property

Blanton v. City of Pinellas Park

854 So. 2d 729, 2003 WL 21990230

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 1747458

Cited 2 times | Published

to a statutory way of necessity pursuant to section 704.01(2), Florida Statutes (1997), so long as he

Enzor v. Rasberry

648 So. 2d 788, 20 Fla. L. Weekly Fed. D 143

District Court of Appeal of Florida | Filed: Dec 23, 1994 | Docket: 1701984

Cited 2 times | Published

parcel D remained accessible by Antioch Road. Section 704.01(1), Florida Statutes (1993), provides: The

Bell v. Cox

642 So. 2d 1381, 1994 WL 151316

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 549360

Cited 2 times | Published

as that common-law concept is recognized in section 704.01(1), Florida Statutes (1991). The property involved

Blue Water Corp. v. Hechavarria

516 So. 2d 17, 12 Fla. L. Weekly 2598, 1987 Fla. App. LEXIS 10896, 1987 WL 1349

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 1678133

Cited 2 times | Published

for a statutory way of necessity pursuant to section 704.01(2), Florida Statutes (1985), which provides:

Morrill v. Recreational Development, Inc.

414 So. 2d 590, 1982 Fla. App. LEXIS 20042

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 271650

Cited 2 times | Published

right-of-way across the developer's land under section 704.01(1), Florida Statutes (1981), has a duty to

DESERET RANCHES OF FLORIDA v. Bowman

389 So. 2d 1072, 1980 Fla. App. LEXIS 17512

District Court of Appeal of Florida | Filed: Oct 29, 1980 | Docket: 1281977

Cited 2 times | Published

establish a statutory way of necessity pursuant to section 704.01(2), Florida Statutes. Appellees, in filing

Vitelli v. Hagger

268 So. 3d 246

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 64710891

Cited 1 times | Published

Vitelli died while this appeal was pending. § 704.01(2), Fla. Stat. (2017). Dr. Bartholomew was allowed

Boroski v. DynCorp Intern.

662 F.3d 1197, 2011 WL 5555686

Court of Appeals for the Eleventh Circuit | Filed: Nov 16, 2011 | Docket: 1213070

Cited 1 times | Published

claims procedures. 42 U.S.C. § 1651(a); 20 C.F.R. § 704.001. [2] Because DynCorp timely contested liability

Palm Beach Polo Holdings v. Equestrian Club

949 So. 2d 347, 2007 WL 601573

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1720005

Cited 1 times | Published

unsupported by competent and substantial evidence."). Section 704.01(1), Florida Statutes, codifies the common-law

Boyd v. Walker

776 So. 2d 370, 2001 WL 85510

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 28287

Cited 1 times | Published

369, 373 (Fla. 2d DCA 1999) (declaring that section 704.01(1) and (2), Florida Statutes must be read sequentially)

Mullin v. Dzikowski

257 B.R. 356, 2000 WL 1809040

District Court, S.D. Florida | Filed: Aug 8, 2000 | Docket: 1505180

Cited 1 times | Published

may be raised sua sponte). Pursuant to 11 U.S.C. § 704(1), a Chapter 7 trustee is under a duty to "collect

In Re Poland

222 B.R. 371, 1998 WL 386038

United States Bankruptcy Court, M.D. Florida | Filed: Jun 22, 1998 | Docket: 1865382

Cited 1 times | Published

payment of creditors as provided for in 11 U.S.C. § 704(1), which outlines the trustee's duty to "collect

H & F LAND, INC. v. Panama City

706 So. 2d 327, 1998 WL 5414

District Court of Appeal of Florida | Filed: Jan 12, 1998 | Docket: 1280425

Cited 1 times | Published

that MRTA has to be read in pari materia with section 704.01(1), the codification of the common law way

United States v. Roberts

788 F. Supp. 555, 1991 U.S. Dist. LEXIS 19895, 1991 WL 328542

District Court, S.D. Florida | Filed: Oct 8, 1991 | Docket: 1171775

Cited 1 times | Published

route for traveling to and from his land. Florida Statute 704.01(2) was specifically designed to address

Hayes v. Reynolds

132 So. 2d 781

District Court of Appeal of Florida | Filed: Sep 19, 1961 | Docket: 60198328

Cited 1 times | Published

adopted by statute in Florida. Subsection (1) of Section 704.01, Florida Statutes 1959, F.S.A., provides as

WILDE CYPRESS BRANCH, BOGGY BRANCH, CROSBY ISLAND MARSH, LAKE HART, LAKE MARY JANE, AND ALL OTHER AFFECTED ORANGE COUNTY WATERS AND CHARLES O'NEAL, AS PRESIDENT OF SPEAK UP WEKIVA, INC. v. EMILE D. "SHAWN", IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND BEACHLINE SOUTH RESIDENTIAL, LLC

District Court of Appeal of Florida | Filed: Jan 19, 2024 | Docket: 68034367

Published

constitutional and preempts Orange County Charter section 704.1. Because section 403.412(9)(a), Florida

Vitelli v. Hagger

268 So. 3d 246

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 64710890

Published

Vitelli died while this appeal was pending. § 704.01(2), Fla. Stat. (2017). Dr. Bartholomew was allowed

WAYNE GOLDMAN, MARIANNE GOLDMAN & SEAN ACOSTA v. STEPHEN LUSTIG, JOSEPH F. IERACITANO

District Court of Appeal of Florida | Filed: Jan 24, 2018 | Docket: 6280929

Published

519 So. 2d 1131, 1133 (Fla. 5th DCA 1988). Section 704.01(1), Florida Statutes (2017), codifies the requirements

WAYNE GOLDMAN, MARIANNE GOLDMAN & SEAN ACOSTA v. STEPHEN LUSTIG, JOSEPH F. IERACITANO

237 So. 3d 381

District Court of Appeal of Florida | Filed: Jan 24, 2018 | Docket: 6280928

Published

519 So. 2d 1131, 1133 (Fla. 5th DCA 1988). Section 704.01(1), Florida Statutes (2017), codifies the requirements

Paul R. Messer and Betty J. Messer v. Mark James Sander, and Julia Dils Sander, etc.

182 So. 3d 795

District Court of Appeal of Florida | Filed: Jan 5, 2016 | Docket: 3025963

Published

statutory easement by way of necessity pursuant to section 704.01(2), Florida Statute (2014). The trial court

Messer v. Sander

144 So. 3d 572, 2014 WL 3295537, 2014 Fla. App. LEXIS 10535

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 60242514

Published

request for a statutory easement pursuant to section 704.01(2) was denied. Because we reversed that judgment

MESSER v. SANDER

144 So. 3d 566, 2014 WL 3281822, 2014 Fla. App. LEXIS 10536

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 60242513

Published

request for a statutory easement pursuant to section 704.01(2), Florida Statutes,1 and their alternative

Village Carver Phase 1, LLC v. Fidelity National Title Insurance Co.

128 So. 3d 107, 2013 WL 5429585, 2013 Fla. App. LEXIS 15394

District Court of Appeal of Florida | Filed: Sep 30, 2013 | Docket: 60236949

Published

was a statutory way of necessity, governed by section 704.01(2).4 The “precise issue” addressed was “whether

PGA North II of Florida, LLC v. Division of Administration, State Department of Transportation

126 So. 3d 1150, 2012 WL 2327758, 2012 Fla. App. LEXIS 9933

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60236200

Published

access to a public road. Id. Additionally, section 704.01(1), Florida Statutes, provides: The common-law

Ainsworth v. KLI, Inc.

967 So. 2d 296, 2007 Fla. App. LEXIS 15196, 2007 WL 2781035

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 64852758

Published

DCA 1986); Charles W. Ehrhardt, FLORIDA Evidenoe § 704.1 (2006 ed.) (“An expert may express an opinion based

Childers v. State

931 So. 2d 86, 2006 Fla. App. LEXIS 17207, 2006 WL 237081

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 64845369

Published

necessity pursuant to section 704.01(2), Florida Statutes (1979). Section 704.01(2) provided for a statutory

Staten v. Gonzalez-Falla

904 So. 2d 498, 2005 Fla. App. LEXIS 7276, 2005 WL 1160198

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64839040

Published

easement to the uses which are permitted in section 704.01(2), Florida Statutes (2001), we reverse and

Perkins v. Smith

794 So. 2d 647, 2001 Fla. App. LEXIS 7470, 2001 WL 574740

District Court of Appeal of Florida | Filed: May 30, 2001 | Docket: 64808434

Published

bars Perkins from the benefits provided by section 704.01(2), Florida Statutes (1999). The second basis

Chodos v. Kjenslie

773 So. 2d 1193, 2000 Fla. App. LEXIS 15487, 2000 WL 1760212

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 64802548

Published

by a statutory way of necessity. See Fla. Stat. § 704.01(2) (1997). Regretfully, he did not seek the assistance

Kloster Cruise, Ltd. v. Rentz

733 So. 2d 1102, 1999 Fla. App. LEXIS 6440, 1999 WL 312277

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 64788471

Published

Robert S. Glazier, Handbook of Florida Evidence § 704.1 (Second Edition 1996). We do not think that the

Highland Construction, Inc. v. Paquette

697 So. 2d 235, 1997 Fla. App. LEXIS 8817, 1997 WL 429050

District Court of Appeal of Florida | Filed: Aug 1, 1997 | Docket: 64775144

Published

for a statutory way of necessity pursuant to section 704.01(2), Florida Statutes (1995). See Perkins v

Nixon v. State

694 So. 2d 157, 1997 WL 292661

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 2531176

Published

(Fla. 4th DCA 1992); Ehrhardt, Florida Evidence § 704.1 (1996 ed.). Finally, we find no double jeopardy

Goldman v. Urban Land & Development Corp.

689 So. 2d 447, 1997 Fla. App. LEXIS 2513, 1997 WL 121107

District Court of Appeal of Florida | Filed: Mar 19, 1997 | Docket: 64771680

Published

favor of lot 69 owned by appellee Kenneth M. Dix. § 704.01(1), Florida Statutes (1991). We reverse only that

Gulf Oil Realty Co. v. Department of Transportation

685 So. 2d 1032, 1997 Fla. App. LEXIS 114, 1997 WL 7167

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 64770204

Published

a claim for a way of necessity pursuant to section 704.01(1), Florida Statutes. Nor can it be said, due

Taylor v. Grant (In re Taylor)

196 B.R. 197, 9 Fla. L. Weekly Fed. B 396, 1996 Bankr. LEXIS 596

United States Bankruptcy Court, M.D. Florida | Filed: May 28, 1996 | Docket: 65781345

Published

Defendant’s Duties as Trustee Bankruptcy Code § 704(1) states that it is the duty of the bankruptcy trustee

Lord v. State

667 So. 2d 817, 1995 Fla. App. LEXIS 13490, 1995 WL 763427

District Court of Appeal of Florida | Filed: Dec 29, 1995 | Docket: 64762183

Published

from the evidence.” Ehrhardt, Florida Evidence, § 704.1 n. 2 (1994 Ed.). However, that exception applies

Robbins v. Brandt (In re Southeast Banking Corp.)

178 B.R. 291, 1995 U.S. Dist. LEXIS 2391

District Court, S.D. Florida | Filed: Feb 15, 1995 | Docket: 65515614

Published

the property of the estate pursuant to 11 U.S.C. § 704(1).5 The transformation of the Artwork’s character

McCone v. Butts

616 So. 2d 535, 1993 Fla. App. LEXIS 3308, 1993 WL 84473

District Court of Appeal of Florida | Filed: Mar 26, 1993 | Docket: 64695383

Published

Feaster, 448 So.2d 554, 559 (Fla. 5th DCA 1984). Section 704.01, Florida Statutes, purports to adopt and clarify

I.R.T. Property Co. v. Sheehan

581 So. 2d 591, 1991 Fla. App. LEXIS 449, 1991 WL 6298

District Court of Appeal of Florida | Filed: Jan 23, 1991 | Docket: 64659571

Published

5th DCA 1985), the Fifth District interpreted section 704.01, Florida Statutes (1983) as limiting implied

Hoffman v. Laffitte

564 So. 2d 170, 1990 Fla. App. LEXIS 4521, 1990 WL 85437

District Court of Appeal of Florida | Filed: Jun 21, 1990 | Docket: 64651619

Published

“practicable public or private road.” We affirm. Section 704.01(2), Florida Statutes (1987), provides as follows:

Index, Inc. v. Moon

534 So. 2d 879, 13 Fla. L. Weekly 2640, 1988 Fla. App. LEXIS 5352, 1988 WL 129156

District Court of Appeal of Florida | Filed: Dec 6, 1988 | Docket: 64638931

Published

The statute upon which the plaintiff relies, section 704.01(1), Florida Statutes (1987), similarly and

In re Bird & Stowe, Inc.

87 B.R. 691, 1988 Bankr. LEXIS 878, 1988 WL 61230

United States Bankruptcy Court, M.D. Florida | Filed: Jun 8, 1988 | Docket: 65779592

Published

abdicate the responsibilities of the office. Section 704(1) of the Bankruptcy Code. Based on the foregoing

Perkins v. Anderson

518 So. 2d 1354, 13 Fla. L. Weekly 203, 1988 Fla. App. LEXIS 174, 1988 WL 2618

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 64632150

Published

We find that appellants are entitled under section 704.01(2), Florida Statutes, to a statutory way of

Hungerford v. Mathews

511 So. 2d 1127, 12 Fla. L. Weekly 2177, 1987 Fla. App. LEXIS 10149

District Court of Appeal of Florida | Filed: Sep 9, 1987 | Docket: 64629084

Published

when not in court.” Ehrhardt, Florida Evidence, § 704.1, at 411-412 (2d ed. 1984) See Gomez v. Couvertier

Lykes Bros., Inc. v. Clements

501 So. 2d 1302, 11 Fla. L. Weekly 2454, 1986 Fla. App. LEXIS 10993

District Court of Appeal of Florida | Filed: Nov 19, 1986 | Docket: 64624831

Published

found that an implied easement of necessity, section 704.01(1), Florida Statutes (1985), did arise in plaintiffs’

Wimberly v. Lake Weir Yacht Club Association

480 So. 2d 224, 11 Fla. L. Weekly 51, 1985 Fla. App. LEXIS 5959

District Court of Appeal of Florida | Filed: Dec 26, 1985 | Docket: 64616266

Published

REMANDED. COBB, C.J., and UPCHURCH, J., concur. . § 704.01, Fla.Stat. (1983): Common-Law and Statutory Easements

Phares v. Cowles

459 So. 2d 1110, 9 Fla. L. Weekly 2432, 1984 Fla. App. LEXIS 15932

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 64608478

Published

Plaintiff sought the relief requested pursuant to section 704.-01(2), Florida Statutes, alleging a way of necessity

Franklin v. Boatright

399 So. 2d 1132, 1981 Fla. App. LEXIS 20276

District Court of Appeal of Florida | Filed: Jun 25, 1981 | Docket: 64583361

Published

appellees a statutory way of necessity pursuant to Section 704.-01(2), Florida Statutes (1977)1 across their land

Kirchoff v. Moulder Bros., Inc.

391 So. 2d 347, 1980 Fla. App. LEXIS 17884

District Court of Appeal of Florida | Filed: Dec 17, 1980 | Docket: 64579266

Published

easement, and statutory way of necessity under section 704.01, Florida Statutes. The Kir-choffs also filed

Rigney v. Raney

387 So. 2d 429, 1980 Fla. App. LEXIS 16850

District Court of Appeal of Florida | Filed: Aug 6, 1980 | Docket: 64577889

Published

FRANK D. UPCHURCH, and SHARP, JJ., concur. . Section 704.01, Florida Statutes.

Ganey v. Byrd

383 So. 2d 652, 1980 Fla. App. LEXIS 16692

District Court of Appeal of Florida | Filed: Mar 28, 1980 | Docket: 64576079

Published

statutory way of necessity over the lands of Byrd. Section 704.01(2), Florida Statutes (1979). A statutory way

Martinez v. Giordano

369 So. 2d 990, 1979 Fla. App. LEXIS 14825

District Court of Appeal of Florida | Filed: Apr 10, 1979 | Docket: 64569705

Published

Perez, 284 So.2d 493 (Fla. 4th DCA 1973); and Section 704.01, Florida Statutes (1973). In addition, both

Tower Estates, Inc. v. Slewett

346 So. 2d 637, 1977 Fla. App. LEXIS 16061

District Court of Appeal of Florida | Filed: May 31, 1977 | Docket: 64558895

Published

easement of ingress and egress pursuant to Section 704.01, Florida Statutes (1975), over the mortgaged

Anderson v. Toole

329 So. 2d 33, 1976 Fla. App. LEXIS 14009

District Court of Appeal of Florida | Filed: Mar 24, 1976 | Docket: 64552950

Published

Fla.Stat. § 704.01(1) (1973); (2) statutory way of necessity pursuant to Fla.Stat. § 704.01(2) (1973);

Filardo v. Lazo

241 So. 2d 869, 1970 Fla. App. LEXIS 5509

District Court of Appeal of Florida | Filed: Dec 9, 1970 | Docket: 64517804

Published

a ten foot right of way pursuant to Fla.Stat. § 704.01(1), F.S.A. which provides for an implied grant

Filardo v. Lazo

241 So. 2d 869, 1970 Fla. App. LEXIS 5509

District Court of Appeal of Florida | Filed: Dec 9, 1970 | Docket: 64517804

Published

a ten foot right of way pursuant to Fla.Stat. § 704.01(1), F.S.A. which provides for an implied grant

Casteel v. Malisch

189 So. 2d 252, 1966 Fla. App. LEXIS 5191

District Court of Appeal of Florida | Filed: Jul 26, 1966 | Docket: 64497772

Published

has been recognized, adopted and clarified by § 704.-01, Fla.Stat., F.S.A. Under it, a way of necessity

Bradshaw v. Prasek

114 So. 2d 821

District Court of Appeal of Florida | Filed: Sep 30, 1959 | Docket: 60193405

Published

ready to build, if we can ever get to it.” Section 704.01(2), Florida Statutes, F.S.A.», provides in

Stein v. Darby

114 So. 2d 368

District Court of Appeal of Florida | Filed: Sep 8, 1959 | Docket: 60193180

Published

property to the public highway is controlled by Section 704.01(2), F.S., F.S.A., which is as follows: “(2)