Florida Power & Light Co. v. Rader, 73--837
| Decision Date | 24 January 1975 |
| Docket Number | No. 73--837,73--837 |
| Citation | 306 So.2d 565 |
| Parties | FLORIDA POWER & LIGHT COMPANY, Appellant, v. Alan S. RADER, Trustee, Appellee. |
| Court | Florida District Court of Appeals |
Norman A. Coll and Matthew M. Childs of McCarthy, Steel, Hector & Davis, Miami, for appellant.
R. Regis Reasbeck of Reasbeck & Fegers, P.A., Hollywood, for appellee.
The final judgment in this action for inverse condemnation required the defendant (appellant herein) to commence condemnation proceedings to acquire an easement over that portion of the plaintiff-appellee's property upon which defendant had constructed and was maintaining electric power transmission lines and related poles, guys and anchors. We reverse.
Appellant's original entry upon the property in 1944, and its subsequent construction, operation and maintenance of its electric power transmission lines, were all pursuant to a valid but unrecorded written easement from the then owner of the property (a predecessor in title to appellee), executed with the formalities required for conveying property and granting to appellant 'the right to set out and maintain poles and anchors for an electric transmission and distribution line, and the necessary appurtenances for such lines'.
The trial court concluded, apparently on the basis of Section 695.01(1), F.S., that appellant's failure to record the easement deprived appellee, who purchased the property in 1959, of either actual or constructive notice of the easement, and therefore the easement was ineffectual as against appellee. Such conclusion is contrary to appellee's testimony to the effect that prior to purchasing the property he had made a visual inspection of it and had seen the power lines and poles in question. Actual, open and obvious possession is constructive notice to all the world of whatever right the occupant has in the land, and puts upon inquiry those acquiring any title to or lien upon the land so occupied to ascertain the nature of the rights the occupant has in the premises. Blackburn v. Venice Inlet Co., Fla.1948, 38 So.2d 43; Marion Mortgage Co. v. Grennan, 1932, 106 Fla. 913, 143 So. 761, 87 A.L.R. 1492; Tate v. Pensacola Gulf, Land & Development Co., 1896, 37 Fla. 439, 20 So. 542.
It is true that at the time appellee inspected the premises and observed the presence of the electric power transmission lines he was uncertain as to the boundary line of the property and, therefore, did not then know that the...
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Duresa v. Commonwealth Edison Co.
...placed the defendant landowner on notice of the plaintiff's easement. Citgo, 706 So. 2d at 386. Similarly, in Florida Power & Light Co. v. Rader, 306 So. 2d 565 (Fla. App.1975), the defendant power company filed condemnation proceedings to acquire an easement over the plaintiff's property w......
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...948 (Fla.1977). Only rarely is the record so clear that a judgment can be directed as a matter of law. See Florida Power & Light Co. v. Rader, 306 So.2d 565 (Fla. 4th DCA 1975); O'Neal v. Coral Gables, 294 So.2d 102 (Fla.3d DCA), cert. denied, 303 So.2d 640 (Fla.1974). Where as in this case......
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