Quick Answers on Florida Law: Statutory Way of Necessity

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Florida Law Quick Answers

This article is a Quick Answer Page on Statutory Way of Necessity, provided by Andrew Douglas, P.A.

What is Statutory Way of Necessity in Florida?
How do I prove a Statutory Way of Necessity claim in Florida?
What are the elements of a claim for Statutory Way of Necessity in Florida?

F.S. §704.01 Common-law and statutory easements defined and determined.
(2) STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW RIGHT. Based on public policy, convenience, and necessity, a statutory way of necessity exclusive of any common-law right exists when any land, including land formed by accretion, reliction, or other naturally occurring processes, or portion thereof, which is being used or is desired to be used for a dwelling or dwellings or for agricultural or for timber raising or cutting or stockraising purposes is shut off or hemmed in by lands, fencing, or other improvements by other persons so that no practicable route of egress or ingress is available therefrom to the nearest practicable public or private road in which the landlocked owner has vested easement rights. The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons,
vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under, through, and upon the lands which lie between the said shut-off or hemmed-in lands and such public or private road by means of the nearest practical route, considering the use to which said lands 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.

Andrew Douglas, P.A. is a commercial litigation and construction litigation law firm, handling all business and personal claims. Andrew Douglas is a construction attorney and commercial attorney admitted to practice law in the State of Florida, and handling Florida Law Cases. If you have a question about a claim or defense related to Statutory Way of Necessity, or any other legal matter in Florida please call Andrew Douglas, P.A. for a free consultation.

Andrew Douglas, P.A., A Florida Construction Law Attorney , and Florida Commercial Litigation Attorney . We are a construction and commercial litigation and law practice for the South Florida construction and business community located in Broward County, Florida. Our litigation attorneys and lawyers handle construction and commercial cases all over the State of Florida. Click here to learn more about Attorney Andrew Douglas and his experience and qualifications. Andrew is a 2003 graduate of the University of Florida College of Law and College of Business with a Masters of Science in Business Administration - Finance. Call today to speak to an attorney today, and get started on your case. Andrew Douglas, Esq. is a Florida Licensed Real Estate Broker operating as Eagle One Realty Co., and Realtor for Weston , Florida and the surrounding area.

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