Florida Statute 704.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

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704.02 When lands enclosed, person using easement to maintain gates.—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 under s. 704.04, when requested by the owner of the servient tenement, erect and maintain either a cattle guard or a gate at each place where said easement intersects a fence. Any such gate is to be kept closed when not opened for passage, and any such cattle guard or gate so erected and maintained shall be in substantial conformity with the character of the fence at such intersection.

History.—s. 2, ch. 7326, 1917; RGS 5000; CGL 7089; s. 2, ch. 28070, 1953.

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Amendments to 704.02

Annotations, Discussions, Cases:

Cases Citing Statute 704.02

Total Results: 6 | Sort by: Relevance | Newest First

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Andrews v. State, 533 So. 2d 841 (Fla. 5th DCA 1988).

Cited 74 times | Published | Florida 5th District Court of Appeal | 1988 WL 107896

usually is." Graham, Handbook of Florida Evidence, § 704.2, p. 552 (n. 18). Professor Graham suggests that

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Smith v. State, 7 So. 3d 473 (Fla. 2009).

Cited 25 times | Published | Supreme Court of Florida | 2009 Fla. LEXIS 405, 2009 WL 702262

so. See Charles W. Ehrhardt, Florida Evidence § 704.2, at 755-56 (2007 ed.). While the Florida Evidence

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Stacy v. Venice Isles Mobile Home Park, 635 So. 2d 1039 (Fla. 1st DCA 1994).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 4116, 1994 WL 148142

See also Charles W. Ehrhardt, Florida Evidence § 704.2 at 526 (1993 ed.). As the Florida Supreme Court

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Jefferson Eugene Davis v. Gilchrist Cnty. Sheriff's Off. (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

and see generally, C. Ehrhardt, Florida Evidence § 704.2 (2019 Ed.). Although expert witnesses are often

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Maurice Richardson v. Blue Smoke, Inc., 254 F.3d 1321 (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit | 45 U.C.C. Rep. Serv. 2d (West) 56, 2001 U.S. App. LEXIS 14347, 2001 WL 726268

in written warranties. See 15 C.F.R. § 704.2(a). The negative inference we can draw from this

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Maurice Richardson v. Blue Smoke, Inc., 254 F.3d 1321 (11th Cir. 2001).

Published | Court of Appeals for the Eleventh Circuit

provisions in written warranties. See 15 C.F.R. § 704.2(a). The negative inference we can draw from this