Florida Statute 704.08 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

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F.S. 704.08

704.08 Cemeteries; right of ingress and egress for visiting or maintenance.—The relatives and descendants of any person buried in a cemetery shall have an easement for ingress and egress for the purpose of visiting the cemetery at reasonable times and in a reasonable manner. The owner of the land may designate the easement. If the cemetery is abandoned or otherwise not being maintained, such relatives and descendants may request the owner to provide for reasonable maintenance of the cemetery, and, if the owner refuses or fails to maintain the cemetery, the relatives and descendants shall have the right to maintain the cemetery.

History.—s. 36, ch. 80-238.

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Amendments to 704.08

Annotations, Discussions, Cases:

Cases Citing Statute 704.08

Total Results: 3

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

Fla. Stat. (1995). [11] We recognize that section 704.08, Florida Statutes (1995), allows an easement

Mallock v. Southern Memorial Park, Inc.

561 So. 2d 330, 1990 WL 45515

District Court of Appeal of Florida | Filed: Apr 17, 1990 | Docket: 1480922

Cited 5 times | Published

of the statutory right of access pursuant to section 704.08, Florida Statutes (1987). The Mallocks alleged

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

for the purpose of visiting the cemetery.” See § 704.08, Fla. Stat. (2008).1 We disagree. Analysis The