Perkins v. Smith

GREEN, Judge.

George Perkins (Perkins) appeals a final judgment denying him a statutory way of necessity across property owned by appel-lees Perry Smith and Smith Okeechobee Farms, Inc. (Smith). We reverse.

The essential facts are that Perkins purchased landlocked property for residential and agricultural purposes. His land is bordered by the property of Smith, a Mr. Oscar Clemmons, the South Florida Water Management District, and the Kissimmee River. Perkins is presently using an existing private access over Smith’s land, and no evidence was presented that this caused a significant burden on…