Anderson v. Toole

GRIMES, Judge.

The plaintiffs (appellants) filed suit seeking access across the property of defendants (appellees) to State Road 19. Title to both properties devolved from a common grantor. The complaint requested declaratory and injunctive relief based upon one of three alternative remedies:(1) implied grant of way of necessity pursuant to Fla.Stat. § 704.01(1) (1973);(2) statutory way of necessity pursuant to Fla.Stat. § 704.01(2) (1973); and(3) prescriptive easement.

*34By sworn complaint and affidavit, the plaintiffs asserted that they and their predecessors in title for a period of more than…