Burgess v. Burd

Foster F. Burgess (Appellant) appeals from a final judgment and an order on motion for rehearing that granted Appellees a private prescriptive easement over a portion of Appellant’s property. Viewing the evidence in the light most favorable to sustaining the result, we are constrained to conclude that the record failed to show that Appellees’ use of specific trails across Appellant’s property was adverse for the requisite period of time set forth under Florida law. Therefore, the record failed to demonstrate sufficient proof of all the required elements of a prescriptive easement. City of…