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Necessity: If the easement was created by necessity and the necessity no longer exists; Estoppel: The easement is unused and the servient estate takes some action in reliance on the easement's termination; Prescription: The servient estate reclaims the easement with actual, open, hostile and continuous use of the easement
The Department of Business and Professional Regulation (DBPR) is the agency charged with licensing and regulating more than 1.6 million businesses and professionals in the State of Florida, such as alcohol, beverage & tobacco, barbers/cosmetologists, condominiums, spas, hotels and restaurants, real estate agents and appraisers, and veterinarians, among many other industries.
'Merger is the absorption of a lesser estate by a greater estate, and takes place when two distinct estates of greater and lesser rank meet in the same person or class of persons at the same time without any intermediate estate.' "[1] Similarly, a merger doctrine extinguishes an easement by necessity to a landlocked piece of property once that ...
Salahutdin, the Florida homeowner, sued the City of St. Petersburg in 2023 over a failure to record an easement on his property. The easement contains pipes that supply water to 360,000 residents.
The Florida Constitution, in Article V, Section 2(a), vests the power to adopt rules for the "practice and procedure in all courts" in the Florida Supreme Court, which has adopted the Florida Rules of Civil Procedure. Although Title VI of the Florida Statutes is labeled "Civil Practice and Procedure", the statutes it contains are limited to ...
Koontz v. St. Johns River Water Management District, 570 U.S. 595 (2013), is a United States Supreme Court case in which the Court held that land-use agencies imposing conditions on the issuance of development permits must comply with the "nexus" and "rough proportionality" standards of Nollan v.
Property Rules, Liability Rules and Inalienability: One View of the Cathedral is an article in the scholarly legal literature (Harvard Law Review, Vol.85, p. 1089, April 1972), authored by Judge Guido Calabresi (of the United States Court of Appeals for the Second Circuit) and A. Douglas Melamed, currently a professor at Stanford Law School.
Florida is one of several states where the courts are required to be involved in every step of the foreclosure process. By 2012, it took three years to complete the process. In nonjudicial states, it takes an average of 100 days.