Brown v. O'Dea

District Court of Appeal of Florida

Brown v. O'Dea

786 So. 2d 1289, 2001 Fla. App. LEXIS 8769, 2001 WL 708618

District Court of Appeal of Florida·Decided June 26, 2001·No. No. 1D00-2647·Published

Opinion

BARFIELD, C.J.

When a public entity has acquired an easement for a street right-of-way, with the fee title to the center of the street remaining in the owners of the property abutting each side of the dedicated street, one owner of abutting property cannot acquire fee simple title to the other owner’s half of the dedicated street by adverse possession. See Waterman v. Smith, 94 So.2d 186 (Fla.1957).

Affirmed.

WOLF and POLSTON, JJ., CONCUR.

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BARFIELD, C.J.

When a public entity has acquired an easement for a street right-of-way, with the fee title to the center of the street remaining in the owners of the property abutting each side of the dedicated street, one owner of abutting property cannot acquire fee simple title to the other owner’s half of the dedicated street by adverse possession. See Waterman v. Smith, 94 So.2d 186 (Fla.1957).

Affirmed.

WOLF and POLSTON, JJ., CONCUR.

Brown v. O'Dea, 786 So. 2d 1289, 2001 Fla. App. LEXIS 8769, 2001 WL 708618 (Fla. Ct. App. 2001).

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