Roy v. Euro-Holland Vastgoed, BV
404 So. 2d 410 (1981)
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Rule of Law:
A common law way of necessity is created when a common grantor conveys a parcel of land that becomes landlocked with no other reasonable means of access. This right is appurtenant to the land, passes to all subsequent grantees, and may be exercised at any time, regardless of whether the common grantor was a remote or immediate party in the chain of title.
Facts:
- In 1910, Henry H. Buckman owned a single, large tract of land.
- In 1913, Buckman subdivided the property and conveyed a specific parcel to Frank and John Coventry.
- This 1913 conveyance caused the Coventry parcel to become landlocked, with no access to a public road except over the land retained by Buckman.
- At the time of the conveyance, the remainder of Buckman's land had access to a public right of way.
- The landlocked parcel was subsequently conveyed five times, eventually being purchased by Maurice and Lillian Roy.
- Euro-Holland Vastgoed, B.V. became the owner of the land that Buckman had retained, which surrounded the Roys' property.
- The Roys have no means of ingress or egress to their property.
Procedural Posture:
- Maurice A. Roy and Lillian A. Roy initiated a suit in a Florida trial court against Euro-Holland Vastgoed, B.V., and its mortgage holders.
- The Roys requested the court to declare the existence of a right of way of necessity over Euro-Holland's property.
- Following a non-jury trial, the trial court entered a final judgment in favor of the defendant-appellees, Euro-Holland.
- The trial court's judgment was based on its finding that the Roys failed to prove unity of title in a common source and reasonable necessity for the easement.
- The Roys, as appellants, appealed the trial court's final judgment to the District Court of Appeal of Florida, Fourth District.
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Issue:
Does a common law way of necessity arise over a servient estate when a remote common grantor, not the immediate grantor, created the landlocked condition of the dominant estate at the time of the original conveyance, and no other reasonable access exists?
Opinions:
Majority - Downey, Judge
Yes. A common law way of necessity arises and is not defeated by the fact that the common source of title is a remote grantor. The right to a way of necessity is an implied grant that is created at the moment a conveyance severs a property and leaves one parcel landlocked. This right attaches to the land and can lie dormant through multiple transfers of title, passing with each conveyance to subsequent grantees. The court found that all necessary elements were met: 1) there was unity of title in a common source, Buckman; 2) Buckman's conveyance to the Coventrys created the landlocked situation; and 3) the land retained by Buckman had access to a public road at the time of severance. The trial court erred in concluding that the common source must be the immediate grantor. Furthermore, the element of 'necessity' requires only that there is no other reasonable and practicable way of access; it does not depend on the dominant owner's present use of the property.
Analysis:
This decision clarifies two critical aspects of the common law way of necessity in Florida. First, it firmly establishes that the 'common source of title' requirement can be satisfied by tracing ownership back to any remote grantor who created the landlocked parcel, rather than being limited to the immediate grantors of the litigating parties. This significantly expands the ability of owners of landlocked parcels to establish an easement. Second, the court's analysis of 'necessity' focuses on the objective lack of reasonable access to the property, not the subjective or current need for its use. This prevents servient landowners from defeating a valid claim by arguing that the dominant estate is currently undeveloped or unused, thereby providing greater security and utility for landlocked properties.
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