Chapter 704 — Chapter 704
9 sections in this chapter.
Fla. Stat. § 704.01 Common-law and statutory easements defined and determined
5.5K chars
(1) IMPLIED GRANT OF WAY OF NECESSITY.—The common-law rule of an implied grant of a way of necessity is hereby recognized, specifically adopted, and clarified. Such an implied grant exists where a person has heretofore granted or hereafter grants lands to which there is no access…
Fla. Stat. § 704.02 When lands enclosed, person using easement to maintain gates
0.7K chars
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 …
Fla. Stat. § 704.03 “Practicable” defined
0.2K chars
For the purposes of this chapter the word “practicable,” as used in s. 704.01, shall be held and construed to mean “without the use of bridge, ferry, turnpike road, embankment, or substantial fill.”
Fla. Stat. § 704.04 Judicial remedy and compensation to servient owner
1.3K chars
When the owner or owners of such lands across which a statutory way of necessity under s. 704.01(2) is claimed, exclusive of the common-law right, objects or refuses to permit the use of such way under the conditions set forth herein or until she or he receives compensation there…
Fla. Stat. § 704.05 Easements and rights of entry
2.3K chars
(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…
Fla. Stat. § 704.06 Conservation easements; creation; acquisition; enforcement
16.0K chars
(1) As used in this section, “conservation easement” means a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish…
Fla. Stat. § 704.07 Solar easements; creation; remedies
3.1K chars
(1) Easements obtained for the purpose of maintaining exposure of a solar energy device shall be created in writing and shall be subject to being recorded and indexed in the same manner as any other instrument affecting the title to real property. Solar easements may be preserved…
Fla. Stat. § 704.08 Cemeteries; right of ingress and egress for visiting or maintenance
0.6K chars
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 o…
Fla. Stat. § 704.09 Creation of easements, servitudes, and other interests affecting real property owned by the same owner
0.8K chars
(1) An owner of real property may create an easement, servitude, or other interest in the owner’s real property, notwithstanding that the owner owns all of the affected real property.(2) An easement, servitude, or other interest in real property created by an owner in the owner’s…