Florida Statutes
Fla. Stat. § 704.05 (2025)
Easements and rights of entry.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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704.05 Easements and rights of entry.—
(1) The rights and interests in land which are subject to being extinguished by marketable record title pursuant to the provisions of s. 712.04 shall include rights of entry or of an easement, given or reserved in any conveyance or devise of realty, when given or reserved for the purpose of mining, drilling, exploring, or developing for oil, gas, minerals, or fissionable materials, unless those rights of entry or easement are excepted or not affected by the provisions of s. 712.03 or s. 712.04. However, the provisions of this section shall not apply to interests reserved or otherwise held by the state or by any of its agencies, boards, or departments.
(2) Any person claiming such a right of entry or easement may preserve and protect the same from extinguishment by the operation of this act by filing a notice in the form and in accordance with the procedures set forth in ss. 712.05 and 712.06.
(3) This section is intended, and shall be deemed, to operate both prospectively and retrospectively.
(4) The provisions of this section shall not revive any right or interest that was extinguished by the operation of chapter 712 prior to June 6, 1975.
Notes of Decisions
Cited in 5
cases, 1972–2005 · leading case: Trs. of Tufts Coll. v. Triple R. Ranch, Inc., 275 So. 2d 521 (Fla. 1973).
Trs. of Tufts Coll. v. Triple R. Ranch, Inc., 275 So. 2d 521 (Fla. 1973). “The controversy in the instant action arose from the enactment of Section 704.05, Florida Statutes, F.S.A. During the 1970 Legislative session, the Florida Legislature promulgated Chapter 70-100, now carried forward as Section 704.”
Williston Highlands Dev. Corp. v. Hogue, 277 So. 2d 260 (Fla. 1973). “By virtue of Florida Statutes, Section 704.05, F.S.A., appellants contended that they were entitled to the entry of a decree forever clearing and confirming the removal of the aforesaid rights-of-entry and easements on their title.”
Water Control Dist. of South Brevard v. Davidson, 638 So. 2d 521 (Fla. 5th DCA 1994). “No notice need be filed in order to preserve the lien of any mortgage or deed of trust or any supplement thereto encumbering any such recorded or unrecorded easements, or rights, interest, or servitude in the nature of easements, rights-of-way, and terminal facilities_ (emphasis…”
Noblin v. Harbor Hills Dev., L.P., 896 So. 2d 781 (Fla. 5th DCA 2005). “” § 704.05(1), Fla. Stat. (2002); see also H & F Land (holding that a common law way of necessity is an easement that arises from an implied grant or reservation of an interest in land and is extinguishable by MRTA).”
Bedsole v. St. Regis Paper Co., 37 Fla. Supp. 90 (Fla. Cir. Ct., Santa Rosa Cty. 1972). “Plaintiffs’ right, if any, to recovery rests upon the validity of §704.05, Florida Statutes. Defendant’s motion to dismiss presents squarely the controlling point.”
— 704.05(1) — 2 cases
Water Control Dist. of South Brevard v. Davidson, 638 So. 2d 521 (Fla. 5th DCA 1994). “No notice need be filed in order to preserve the lien of any mortgage or deed of trust or any supplement thereto encumbering any such recorded or unrecorded easements, or rights, interest, or servitude in the nature of easements, rights-of-way, and terminal facilities_ (emphasis…”
Noblin v. Harbor Hills Dev., L.P., 896 So. 2d 781 (Fla. 5th DCA 2005). “” § 704.05(1), Fla. Stat. (2002); see also H & F Land (holding that a common law way of necessity is an easement that arises from an implied grant or reservation of an interest in land and is extinguishable by MRTA).”
— 704.05(3) — 1 case
Water Control Dist. of South Brevard v. Davidson, 638 So. 2d 521 (Fla. 5th DCA 1994). “No notice need be filed in order to preserve the lien of any mortgage or deed of trust or any supplement thereto encumbering any such recorded or unrecorded easements, or rights, interest, or servitude in the nature of easements, rights-of-way, and terminal facilities_ (emphasis…”
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