Eaton v. Madsen

This litigation, involving the creation of an easement, turns upon the interpretation of the term “abutting property owners.” Our research has failed to disclose any Florida cases which define “abut” when it is used in a deed or other instrument creating an easement. Moreover, there seems to be no unanimity of opinion in other jurisdictions on whether “abut,” when used in a deed creating an easement, includes property at the end of, in addition to the side of, a roadway, alley or street. See the cases collected in Words and Phrases, Vol. I, p. 364, et seq. We therefore conclude that the deed…