The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

View Entire Chapter

F.S. 704.05

704.05 Easements and rights of entry.—

(1) The rights and interests in land which are subject to being extinguished by marketable record title pursuant to the provisions of s. 712.04 shall include rights of entry or of an easement, given or reserved in any conveyance or devise of realty, when given or reserved for the purpose of mining, drilling, exploring, or developing for oil, gas, minerals, or fissionable materials, unless those rights of entry or easement are excepted or not affected by the provisions of s. 712.03 or s. 712.04. However, the provisions of this section shall not apply to interests reserved or otherwise held by the state or by any of its agencies, boards, or departments.

(2) Any person claiming such a right of entry or easement may preserve and protect the same from extinguishment by the operation of this act by filing a notice in the form and in accordance with the procedures set forth in ss. 712.05 and 712.06.

(3) This section is intended, and shall be deemed, to operate both prospectively and retrospectively.

(4) The provisions of this section shall not revive any right or interest that was extinguished by the operation of chapter 712 prior to June 6, 1975.

History.—s. 1, ch. 70-100; s. 1, ch. 73-140; s. 1, ch. 75-94; s. 70, ch. 99-3.

F.S. 704.05 on Google Scholar

F.S. 704.05 on Casetext

Amendments to 704.05

Arrestable Offenses / Crimes under Fla. Stat. 704.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 704.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. CHRISTENSEN,, 186 F. Supp. 3d 997 (D. Ariz. 2016)

. . . Charley, 189 F.3d 1251, 1267 (10th Cir. 1999); see also Weinstein’s Federal Evidence § 704.05. . . .

H. BISHOP, v. FLOURNOY,, 319 F. App'x 897 (Fed. Cir. 2009)

. . . See Trademark Trial and Appeal Board Manual of Procedure § 704.05(a) (2004) (hereinafter “T.B.M.P.”). . . . exhibits attached to Bishop’s trial briefs, the Board did not consider them because, under T.B.M.P. § 704.05 . . .

In MANIS LUMBER CO. v., 430 B.R. 269 (Bankr. N.D. Ga. 2009)

. . . the amount due each day in April based on the monthly contract rate of $37,704.05 is $1,256.80 ($37,-704.05 . . .

In MUSHROOM TRANSPORTATION COMPANY, INC. L. v., 366 B.R. 414 (Bankr. E.D. Pa. 2007)

. . . property received during the course of the administration of an estate.” 6 Collier on Bankruptcy, ¶ 704.05 . . . See 6 Collier on Bankruptcy, at ¶ 704.05. . . .

NOBLIN, v. HARBOR HILLS DEVELOPMENT, L. P., 896 So. 2d 781 (Fla. Dist. Ct. App. 2005)

. . . .” § 704.05(1), Fla. . . .

WATER CONTROL DISTRICT OF SOUTH BREVARD, v. M. DAVIDSON, P. Jr. E. B. F. M. J. A., 638 So. 2d 521 (Fla. Dist. Ct. App. 1994)

. . . nature of easements, rights-of-way, and terminal facilities_ (emphasis supplied) In addition, section 704.05 . . . otherwise held by the state or by any of its agencies, boards, or departments, (emphasis supplied) Section 704.05 . . .

DEVINES, v. W. MAIER,, 728 F.2d 876 (7th Cir. 1984)

. . . . § 704.05(2) (1981), the State of Wisconsin confers upon tenants “the right to exclusive possession . . . According to Wis.Stat. § 704.05(2) the State of Wisconsin creates a property right in the form of “exclusive . . .

In STEWART- BROWN, EMPIRE GAS COMPANY, v. STEWART- BROWN,, 8 B.R. 593 (Bankr. N.D. Ga. 1981)

. . . brought in the courts of general jurisdiction of that state.” 13 Collier on Bankruptcy (14th Edition) ¶ 704.05 . . .

In BROWN, FIRST TENNESSEE BANK OF CHATTANOOGA, N. A. v. BROWN,, 7 B.R. 486 (Bankr. N.D. Ga. 1980)

. . . brought in the courts of general jurisdiction of that state.” 13 Collier on Bankruptcy (14th Edition) ¶ 704.05 . . .

WILLISTON HIGHLANDS DEVELOPMENT CORPORATION, a a v. R. D. HOGUE D., 277 So. 2d 260 (Fla. 1973)

. . . The decision of the Circuit Court of Levy County sought to be reviewed holds Florida Statute § 704.05 . . . By virtue of Florida Statutes, Section 704.05, F. . . . To the complaint, appellees filed their motion to dismiss alleging that Section 704.05, Florida Statutes . . . Since we have held that Florida Statute 704.05, F.S.A., does not operate retrospectively, (see Trustees . . . Florida Statutes, Section 704.05, F.S.A., which became effective October 1, 1970 provides, “704.05 Easements . . .

TRUSTEES OF TUFTS COLLEGE, v. TRIPLE R. RANCH, INC. COMPASS ROSE CORPORATION, v. TRIPLE R. RANCH, INC. TRIPLE R. RANCH, INC. v. COMPASS ROSE CORPORATION,, 275 So. 2d 521 (Fla. 1973)

. . . Should Section 704.05, Florida Statutes, F.S.A., be applied retrospectively? 2. . . . If applicable, is Section 704.05, Florida Statutes, constitutional under the Florida and United States . . . The first question is whether the Legislature intended for Section 704.05, Florida Statutes, F.S.A., . . . That the Legislature did intend retroactive application of Section 704.05 is obvious when that section . . . This case is the original consideration by this Court of Section 704.05. . . . dispositive of the litigation two questions raising the constitutionality of Florida Statute, Section 704.05 . . . Section 704.05, F.S.A., which became effective October 1, 1970, provides: “704.05 Easements and rights . . . Should Section 704.05 be applied retrospectively ? 2. . . . If applicable, is Section 704.05 constitutional under the Florida and United States Constitutions? . . . If Section 704.05, Florida Statutes, F.S. . . .

BEDSOLE, v. ST. REGIS PAPER CO., 37 Fla. Supp. 90 (Santa Rosa Cty. Cir. Ct. 1972)

. . . Plaintiffs’ right, if any, to recovery rests upon the validity of §704.05, Florida Statutes. . . . Is §704.05 a law within the power of the legislature to enact? . . . The challenged act provides — 704.05. . . . Likewise, the provisions of §704.05 violate the provisions of §§9 and 10, article 1, Declaration of Rights . . . Therefore, it is ordered, adjudged and decreed that §704.05, Florida Statutes, violates the provisions . . .