Florida Statute 704.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

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F.S. 704.02

704.02 When lands enclosed, person using easement to maintain gates.—When the land on which the statutory easement referred to in s. 704.01(2) shall be in use, or afterwards put to the use of enclosing farm or grove products or livestock, the owner or tenant of the dominant tenement using the easement of the same shall, if no compensation is paid under s. 704.04, when requested by the owner of the servient tenement, erect and maintain either a cattle guard or a gate at each place where said easement intersects a fence. Any such gate is to be kept closed when not opened for passage, and any such cattle guard or gate so erected and maintained shall be in substantial conformity with the character of the fence at such intersection.

History.—s. 2, ch. 7326, 1917; RGS 5000; CGL 7089; s. 2, ch. 28070, 1953.

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Amendments to 704.02

Annotations, Discussions, Cases:

Cases Citing Statute 704.02

Total Results: 6

Andrews v. State

533 So. 2d 841, 1988 WL 107896

District Court of Appeal of Florida | Filed: Oct 20, 1988 | Docket: 1656583

Cited 74 times | Published

usually is." Graham, Handbook of Florida Evidence, § 704.2, p. 552 (n. 18). Professor Graham suggests that

Smith v. State

7 So. 3d 473, 2009 Fla. LEXIS 405, 2009 WL 702262

Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 1227181

Cited 25 times | Published

so. See Charles W. Ehrhardt, Florida Evidence § 704.2, at 755-56 (2007 ed.). While the Florida Evidence

Stacy v. Venice Isles Mobile Home Park

635 So. 2d 1039, 1994 Fla. App. LEXIS 4116, 1994 WL 148142

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 1353385

Cited 1 times | Published

See also Charles W. Ehrhardt, Florida Evidence § 704.2 at 526 (1993 ed.). As the Florida Supreme Court

Jefferson Eugene Davis v. Gilchrist County Sheriff's Office

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243483

Published

and see generally, C. Ehrhardt, Florida Evidence § 704.2 (2019 Ed.). Although expert witnesses are often

Maurice Richardson v. Blue Smoke, Inc.

254 F.3d 1321, 45 U.C.C. Rep. Serv. 2d (West) 56, 2001 U.S. App. LEXIS 14347, 2001 WL 726268

Court of Appeals for the Eleventh Circuit | Filed: Jun 28, 2001 | Docket: 396782

Published

in written warranties. See 15 C.F.R. § 704.2(a). The negative inference we can draw from this

Maurice Richardson v. Blue Smoke, Inc.

254 F.3d 1321

Court of Appeals for the Eleventh Circuit | Filed: Jun 28, 2001 | Docket: 396781

Published

provisions in written warranties. See 15 C.F.R. § 704.2(a). The negative inference we can draw from this