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Stephens v. Dobbins

District Court of Appeal of Florida, Second District
Aug 25, 1987
511 So. 2d 652 (Fla. Dist. Ct. App. 1987)

Summary

reversing trial court's finding that easement for ingress and egress prevented servient tenement owner from any use of the property

Summary of this case from Dama v. Bay Bank & Trust Co.

Opinion

No. 86-3025.

July 29, 1987. Rehearing Denied August 25, 1987.

Appeal from the Circuit Court, Hillsborough County, James A. Lenfestey, J.

James V. Lau of Lau, Lane, Pieper Asti, P.A., Tampa, for appellants.

James D. Whittemore of Whittemore Campbell, P.A. Tampa, for appellees.


The owners of a partial interest in a parcel of real property appeal a judgment finding that the appellees have an exclusive easement over the land which precludes any use of the land by the landowners. We reverse.

The general rule of law in Florida is that an instrument creating an easement must be construed as creating a nonexclusive easement unless the instrument clearly shows an intention that the easement is to be exclusive. See Wiggins v. Lykes Brothers, Inc., 97 So.2d 273 (Fla. 1957); Gelfand v. Mortgage Investors of Washington, 453 So.2d 897 (Fla. 4th DCA 1984); Consolidated Gas Co. v. City Gas Co., 447 So.2d 351 (Fla. 3d DCA 1984). The instrument creating the easement in this case stated only that it gave the easement owners "an easement for ingress and egress" over the particular parcel of land. Because the instrument did not specifically state that the easement was an exclusive easement, the instrument should be construed as having created a nonexclusive easement allowing appellants any use of the land which does not interfere with appellees' rights under the easement.

Reversed and remanded for proceedings consistent herewith.

DANAHY, C.J., and SCHEB, J., concur.


Summaries of

Stephens v. Dobbins

District Court of Appeal of Florida, Second District
Aug 25, 1987
511 So. 2d 652 (Fla. Dist. Ct. App. 1987)

reversing trial court's finding that easement for ingress and egress prevented servient tenement owner from any use of the property

Summary of this case from Dama v. Bay Bank & Trust Co.
Case details for

Stephens v. Dobbins

Case Details

Full title:JAMES T. STEPHENS AND SHARON STEPHENS, HIS WIFE, APPELLANTS, v. VERNON C…

Court:District Court of Appeal of Florida, Second District

Date published: Aug 25, 1987

Citations

511 So. 2d 652 (Fla. Dist. Ct. App. 1987)

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