Florida Statute 704.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

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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.

F.S. 704.01 on Google Scholar

F.S. 704.01 on Casetext

Amendments to 704.01

Arrestable Offenses / Crimes under Fla. Stat. 704.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 704.01.

Annotations, Discussions, Cases:

Cases Citing Statute 704.01

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-19T00:00:00-08:00

Snippet: constitutional and preempts Orange County Charter section 704.1. Because section 403.412(9)(a), Florida Statutes…on January 1, 2023. 3 Art. VII, § 704.1(A)(1), Orange County, Fla., Charter (2020).

Vitelli v. Hagger

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-12T00:00:00-07:00

Citation: 268 So. 3d 246

Snippet: Vitelli died while this appeal was pending. § 704.01(2), Fla. Stat. (2017). Dr. Bartholomew was allowed…refusal to comply with the provisions of s[ection] 704.01(2)"). Case No. 5D18-2159 District

Vitelli v. Hagger

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-12T00:00:00-07:00

Citation: 268 So. 3d 246

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-23T23:53:00-08:00

Snippet: So. 2d 1131, 1133 (Fla. 5th DCA 1988). Section 704.01(1), Florida Statutes (2017), codifies the requirements…enjoyment of the part granted or reserved. § 704.01(1), Fla. Stat. (2017). In the instant case, there…reasonable and practicable way of egress, or ingress.” § 704.01(1), Fla. Stat. Our decision is guided in part

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-23T23:53:00-08:00

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-05T00:00:00-08:00

Citation: 182 So. 3d 795

Snippet: easement by way of necessity pursuant to section 704.01(2), Florida Statute (2014). The trial court found…refusal to comply with the provisions of section] 704.01(2).” § 704.04, Fla. Stat. (2014). Here, in the

Rayburn v. Bright

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-01T00:00:00-07:00

Citation: 163 So. 3d 735

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

Agresta v. City of Maitland

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-20T00:00:00-08:00

Citation: 159 So. 3d 876, 2015 Fla. App. LEXIS 2189, 2015 WL 710976

Snippet: continued use of contraband articles....” See § 932.704(1), Fla. Stat. (2008) (emphasis added). Nothing in

Orlando Sanchez v. City of West Palm Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-03T00:00:00-07:00

Citation: 149 So. 3d 92

Snippet: action to recover the property. § 932.703(1), 932.704(1), Fla. Stat. (1991). At the proceeding, the “governmental

MESSER v. SANDER

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-09T00:00:00-07:00

Citation: 144 So. 3d 566

Snippet: request for a statutory easement pursuant to section 704.01(2), Florida Statutes,1 and their alternative request…the eastern boundary of their property. Section 704.01(2), Florida Statutes does not become operative …road.’ 887 So.2d 1224, 1229 (Fla.2004) (quoting § 704.01(2), Fla. Stat. (2003)). Here, only the second and…was or was not correct, for purposes of section 704.01(2), this is irrelevant, because the statute clearly…on public policy, convenience, and necessity.” § 704.01(2), Fla. Stat. (emphasis added). The trial court

Messer v. Sander

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-09T00:00:00-07:00

Citation: 144 So. 3d 572

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-30T00:00:00-07:00

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

Snippet: statutory ways of necessity by virtue of section 704.01(2).”); the upshot is a clear breach of the insuring

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

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-20T00:00:00-07:00

Citation: 126 So. 3d 1150

Snippet: access to a public road. Id. Additionally, section 704.01(1), Florida Statutes, provides: The common-law …or enjoyment of the part granted or reserved. § 704.01(1), Fla. Stat. (2011). Moreover, this court cited… gain access to PGA Boulevard; however, section 704.01, Florida Statutes, provides that “no other reasonable…practicable” as “ “without the use of bridge.’” §§ 704.01, 704.03, Fla. Stat. (2011). We therefore hold that

Sheriff of Seminole County v. Oliver

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-25T00:00:00-07:00

Citation: 59 So. 3d 232

Snippet: proprietary interests of innocent owners .... ” § 932.704(1), Fla. Stat. (2009) (emphasis added). To prevail

Ainsworth v. KLI, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-26T00:00:00-07:00

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

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

Palm Beach Polo Holdings v. Equestrian Club

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-27T23:53:00-08:00

Citation: 949 So. 2d 347

Snippet: competent and substantial evidence."). Section 704.01(1), Florida Statutes, codifies the common-law rule

City of Hollywood v. Mulligan

Court: Fla. | Date Filed: 2006-07-06T00:53:00-07:00

Citation: 934 So. 2d 1238

Snippet: upon an individual's race or ethnicity. § 932.704(1), Fla. Stat. (2005) (emphasis added). Relying on…604 So.2d 452, 455 (Fla. 1992)). In section 932.704(1), the Legislature provides that "[i]t is the…felony] for criminal purposes. §§ 932.701(2)(a)(5), .704(1), Fla. Stat. (emphasis added). Read in this manner… applied to the policy statement in section 932.704(1), the FCFA does not express any intent to preempt…seizures and forfeitures for vehicles. Section 932.704(1) states that "[i]t is also the policy of this

Schroeder v. Lawhon

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-09T23:53:00-08:00

Citation: 922 So. 2d 285

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

Childers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-02T00:00:00-08:00

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

Snippet: necessity pursuant to section 704.01(2), Florida Statutes (1979). Section 704.01(2) provided for a statutory…person” under 704.01(2), the Layton court explained: Appellant contends that section 704.01 does not apply…argued that it was not a “person” under section 704.01(2), because a body politic is not included within…apply only where the context permits. Had section 704.01 made a distinction between “persons” and “public…we would agree with appellant. However, section 704.01 makes no such distinction, and we see no basis

Childers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-01T23:53:00-08:00

Citation: 936 So. 2d 585

Snippet: necessity pursuant to section 704.01(2), Florida Statutes (1979). Section 704.01(2) provided for a statutory…quot; under 704.01(2), the Layton court explained: Appellant contends that section 704.01 does not apply…that it was not a "person" under section 704.01(2), because a body politic is not included within…apply only where the context permits. Had section 704.01 made a distinction between "persons" …we would agree with appellant. However, section 704.01 makes no such distinction, and we see no basis