Florida/Georgia Personal Injury & Workers Compensation

...(7) State title to lands beneath navigable waters acquired by virtue of sovereignty. (8) A restriction or covenant recorded pursuant to chapter 376 or chapter 403. [4] Practicable is defined as "without the use of bridge, ferry, turnpike road, embankment, or substantial fill." § 704.03, Fla....

regard to such property under this title. [3] Section 704(3) lists as one of the duties of the trustee the

...ORFINGER and COBB, JJ., concur. NOTES [1] § 704.01(1), Fla. Stat. (1979). [2] The court in this earlier suit found that appellants had "legal" access to their land, but it was not passable by ordinary passenger vehicles without a substantial amount of clay or rock fill. § 704.03, Fla....

...ute 2 than Route 3 and that, therefore, Route 2 is not "practicable" for use for modern car traffic to get to the home they desire to build on their 5 acre tract. Appellees Jerome W. Feaster and wife cite the statutory definition of "practicable" in section 704.03, Florida Statutes, and Walkup v....

...ess or egress. Moran v. Brawner, 519 So.2d 1131 (Fla. 5th DCA), rev. denied, 528 So.2d 1182 (Fla.1988). The term "practicable" as used in 704.01(1) is defined to mean "without the use of bridge, ferry, turnpike road, embankment or substantial fill." § 704.03, Fla....

...not be terminated if title of either the dominant or servient tenement has been or should be transferred for nonpayment of taxes either by foreclosure, reversion or otherwise." The word "practicable," as used in the above statute, is defined in Sec. 704.03, as follows: "That for the purposes of this chapter the word `practicable', as used in § 704.01, shall be held and construed to mean `without the use of bridge, ferry, turnpike road, embankment or substantial fill'." At the said final hearing...

...ates exists where there is no other reasonable and practicable way of egress or ingress and same is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved." As also quoted above, the word "practicable" is defined in Section 704.03 to mean "without the use of bridge, ferry, turnpike road, embankment or substantial fill." The "long-established road" and the "old road" mentioned by the court in the final decree of dismissal was the road which the witnesses at the h...

...en it gets real wet." In our opinion, the inevitable conclusion from such uncontroverted testimony is that the said road was not reasonably or practicably usable by the plaintiff without at least "embankment or substantial fill," to use the words in Section 704.03....

...nted or reserved." F.S.A. § 704.01(2) provides for a statutory way of necessity where no common law right exists across the land of another where "no practicable route of egress or ingress" is available to the nearest public or private road. F.S.A. § 704.03 defines "practicable" as used in F.S.A....

...es shall be shut off or hemmed in by lands, fencing, or other improvements of other persons so that no practicable route of egress or ingress shall be available therefrom to the nearest practicable public or private road. "Practicable" is defined in section 704.03, which states: That for the purposes of this chapter the word "practicable," as used in § 704.01, shall be held and construed to mean "without the use of bridge, ferry, turnpike road, embankment or substantial fill". A roadway which is impassable after the rainy periods of the year is not practicably usable for egress or ingress within the contemplation of section 704.03....

...parcel. In other words, the only evidence on this question indicates that E-1, as drawn by the Wards' counsel and adopted by the trial court, is not a "practicable" route to the 40-acre parcel, *226 within the contemplation of sections 704.01(2) and 704.03, Florida Statutes....

...acle or other problem that would render that access less than adequate, i.e., not practicable, for the use of the easement holder. Lykes Bros., Inc. v. Clements, 501 So.2d 1302, 1304-05 (Fla. 2d DCA 1986), rev. denied, 508 So.2d 14 (Fla. 1987); F.S. § 704.03 (1993) (defining the term "practicable" as used in 704.01(1))....

...Section 704.01(1), Florida Statutes (1985), states that “an implied grant exists where a person has heretofore granted ... lands to which there is no accessible right of way except over his land_ Such an implied grant ... exists where there is no ... practicable way of egress_” Section 704.03, Florida Statutes (1985), defines the word “practicable” as meaning without the use of a bridge....

...ykes' property and that this necessity continues to this day. Consequently, our decision in this case is not in conflict with Fox because Clements never acquired a practicable outlet to a highway except over Lykes’ land. See sections 704.01(1) and 704.03, Florida Statutes (1985)....

...We submit that these cases were decided under either other states’ statutes unlike Florida’s section 704.01(1) or the common law principle that a way of necessity exists only so long as a strict necessity for the easement exists. But, in this case, section 704.03 governs whether a necessity exists, and, here the evidence clearly supports the result reached by the trial court....

concerned the trial judge failed to consider section 704.03, Florida Statutes (1999), which defines the

...Appellants complain that the trial court erred in awarding the appellees a statutory way of necessity pursuant to Section 704.-01(2), Florida Statutes (1977) 1 across their land. They further urge that the definition of the word “practicable” in Section 704.03, Florida Statutes (1977), 2 when applied to the facts of this case, is arbitrary, unreasonable and violates their constitutional right to due process and equal protection of the laws. We affirm. The evidence in the record supports the trial court’s determination that appel-lees are hemmed in within the meaning of Sections 704.01(2) and 704.03 because they are not afforded any practicable route of ingress and egress to the nearest practicable public or private road without the use of bridges, embankments, or substantial fill....

...ch is mud and muck and that the easement on the east crosses over rough terrain, a pond area, and more mud and muck. Further, we would note that before making his ruling the trial court actually viewed the property. Appellants’ argument concerning Section 704.03 centers around their contention that this case is indistinguishable from South Dade Farms v....

...Although we view the dissent by Justice Sundberg in Deseret as well-reasoned, we are bound to follow the precedent of the majority of the Supreme Court in Deseret. Hoffman v. Jones, 280 So.2d 431 (Fla.1973). With respect to appellants’ argument regarding the application of Section 704.03 to this case, we note the expert road builder testified that it would take 11,666 cubic yards and several culverts before a road could be built along the route proposed by appellants. One neighbor who has lived in the area in question for forty years testified that “it would take half the dirt in Nassau County” to fill the area in where appellants argued the proposed road could go. Therefore we cannot agree that Section 704.03 has been arbitrarily and unreasonably applied to the facts of this case....

...ds are being put; and the use thereof, as aforesaid, shall not constitute a trespass; nor shall the party thus using the same be liable in damages for the use thereof; provided that such easement shall be used only in an orderly and proper manner. . 704.03 “Practicable” defined....

...merit. Before beginning our discussion and analysis of the appellants’ next argument, we observe that the legislature repeatedly used the term practicable in Section 704.-01, Florida Statutes (1987), and even provided a definition for the term in Section 704.03, Florida Statutes (1987)....

enjoyment of the part granted or reserved” while section 704.03 defines “practicable” as “ “without the use