Florida Statute 704.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

View Entire Chapter

F.S. 704.05

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.

History.—s. 1, ch. 70-100; s. 1, ch. 73-140; s. 1, ch. 75-94; s. 70, ch. 99-3.

F.S. 704.05 on Google Scholar

F.S. 704.05 on CourtListener

Amendments to 704.05

Annotations, Discussions, Cases:

Cases Citing Statute 704.05

Total Results: 12

Trustees of Tufts College v. Triple R. Ranch, Inc.

275 So. 2d 521

Supreme Court of Florida | Filed: Mar 21, 1973 | Docket: 1387421

Cited 36 times | Published

raising the constitutionality of Florida Statute, Section 704.05, F.S.A. and, if constitutional, whether it

In Re Charter Co.

68 B.R. 225, 1986 Bankr. LEXIS 4857

United States Bankruptcy Court, M.D. Florida | Filed: Dec 5, 1986 | Docket: 1100801

Cited 19 times | Published

charged with the same duties as a trustee under § 704(5), the debtor-in-possession would also take into

In Re George

23 B.R. 686, 7 Collier Bankr. Cas. 2d 846, 1982 Bankr. LEXIS 3130, 9 Bankr. Ct. Dec. (CRR) 915

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 13, 1982 | Docket: 1862313

Cited 18 times | Published

advisable, oppose the discharge of the debtor". § 704(5). Nor would creditors have been permitted to oppose

Williston Highlands Development Corp. v. Hogue

277 So. 2d 260

Supreme Court of Florida | Filed: May 2, 1973 | Docket: 1439658

Cited 17 times | Published

Plaintiffs. By virtue of Florida Statutes, Section 704.05, F.S.A., appellants contended that they were

Matter of Sinclair's Suncoast Seafood, Inc.

140 B.R. 588, 6 Fla. L. Weekly Fed. B 131, 1992 Bankr. LEXIS 797, 23 Bankr. Ct. Dec. (CRR) 24, 1992 WL 116799

United States Bankruptcy Court, M.D. Florida | Filed: May 29, 1992 | Docket: 1107323

Cited 11 times | Published

News 1978, pp. 5787, 5879, 6335. Pursuant to Section 704(5) of the Bankruptcy Code, the trustee is required

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

not compensable as professional time. 11 U.S.C. § 704(5) (1997); In re Holub, 129 B.R. at 296. The attorney

Mississippi Chemical Corporation v. Equal Employment Opportunity Commission

786 F.2d 1013, 1986 U.S. App. LEXIS 23321, 39 Empl. Prac. Dec. (CCH) 35,993, 40 Fair Empl. Prac. Cas. (BNA) 609

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1986 | Docket: 1066324

Cited 3 times | Published

reviewable’ under section 10(c) of the APA, 5 U.S.C. § 704 [5 U.S.C.S. § 704].” 449 U.S. at 238, 101 S.Ct. at

Noblin v. Harbor Hills Development, L.P.

896 So. 2d 781, 164 Oil & Gas Rep. 863, 2005 Fla. App. LEXIS 186, 30 Fla. L. Weekly Fed. D 237

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 64836871

Cited 1 times | Published

by the provisions of s. 712.03 or s. 712.04.” § 704.05(1), Fla. Stat. (2002); see also H & F Land (holding

In Re Gulf Coast Orthopedic Center, Inc.

283 B.R. 335, 15 Fla. L. Weekly Fed. B 225, 2002 Bankr. LEXIS 1062, 2002 WL 31118900

United States Bankruptcy Court, M.D. Florida | Filed: Jun 3, 2002 | Docket: 1817538

Cited 1 times | Published

duty and responsibility of the Trustee. See Section 704(5) of the Code. Ms. Rydberg was not appointed

In re Caddie Construction Co.

195 B.R. 797, 9 Fla. L. Weekly Fed. B 392, 1996 Bankr. LEXIS 537, 1996 WL 268105

United States Bankruptcy Court, M.D. Florida | Filed: Mar 19, 1996 | Docket: 65781337

Published

lackadaisical attitude concerning her duties under § 704(5) of the Bankruptcy Code which requires the Trustee

Water Control District of South Brevard v. Davidson

638 So. 2d 521, 1994 Fla. App. LEXIS 3906, 1994 WL 151312

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 64749186

Published

facilities_ (emphasis supplied) In addition, section 704.05(1), which pertains to easements and rights-of-entry

Ago

Florida Attorney General Reports | Filed: Apr 4, 1974 | Docket: 3258842

Published

prior to the enactment of s. 704.05? SUMMARY: Section 704.05, F.S., created by Ch. 70-100, Laws of Florida