Senate Bill sb1736

    Florida Senate - 2001                                  SB 1736

    By Senator Bronson





    18-1263-01

  1                      A bill to be entitled

  2         An act relating to common-law and statutory

  3         easements of necessity; amending s. 704.01,

  4         F.S.; providing for an implied grant of way of

  5         necessity and a statutory way of necessity for

  6         cable television and other utility services;

  7         providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 704.01, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section. See

14         s. 704.01, F.S., for present text.)

15         704.01  Common-law and statutory easements of

16  necessity.--

17         (1)  IMPLIED GRANT OF WAY OF NECESSITY.--The common-law

18  rule of an implied grant of necessity is recognized, adopted,

19  and modified as follows. An implied grant exists when a

20  grantor has conveyed or hereafter conveys lands to which there

21  is no reasonable legal access except over lands retained by

22  the grantor, or when the grantor has retained or hereafter

23  retains lands to which there is no reasonable legal access

24  except over lands that the grantor has conveyed. An implied

25  grant arises only when a unity of title exists from a common

26  source other than the original grant from the state or the

27  United States. An implied grant is unaffected by subsequent

28  transfers of either the dominant or servient estate, including

29  involuntary transfers, such as tax deeds, foreclosures, or

30  reversions.

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    Florida Senate - 2001                                  SB 1736
    18-1263-01




  1         (2)  STATUTORY WAY OF NECESSITY.--Based on public

  2  policy, convenience, and necessity, a statutory way of

  3  necessity exists when any land does not have reasonable legal

  4  access and no common-law implied grant of way of necessity

  5  exists.

  6         (3)  EXTENT OF WAY OF NECESSITY.--

  7         (a)  The way of necessity under either subsection (1)

  8  or subsection (2) may also be used for franchised cable

  9  television service and necessary utility services, including,

10  but not limited to, water, wastewater, reclaimed water,

11  natural gas, electricity, or telephone service.

12         (b)  The way of necessity under subsection (1) or

13  subsection (2) is by the nearest reasonable route taking into

14  consideration the burden on the servient estate.

15         (c)  For the purpose of this section, access over

16  navigable waters is not to be deemed reasonable legal access.

17         Section 2.  This act shall take effect upon becoming a

18  law.

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21                          SENATE SUMMARY

22    Provides for an implied grant of way of necessity and a
      statutory way of necessity for cable television and other
23    utility services.

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CODING: Words stricken are deletions; words underlined are additions.