Hanna v. Martin

CHAPMAN, J.:

The plaintiffs and defendants to this suit own adjacent lots situated on the waters of Biscayne Bay. The defendants-appellants’ property is situated north of the plaintiffs-appellees’ property and a five foot easement separates the lots, as the parcels are located in different subdivisions. The appellants extended their lot eastward into Biscayne Bay by filling in some 200 feet but failed to bulkhead the fill on the south boundary line, which is the north boundary line of appellees property. The effect of the fill, in the absence of a bulkhead on the dividing line of the two…