Legal Opinion

Wimberly v. Lake Weir Yacht Club Association

District Court of Appeal of Florida

Decided December 26, 1985No. 85-587PublishedCited by 1 opinion

1Opinion of the Court

SHARP, Judge.

Defendants, owners of various parcels of real property adjacent to Lake Weir Yacht Club, appeal from a declaratory judgment determining the Club has a prescriptive easement over a portion of the defendants’ property for ingress, egress and parking. They argue the record supports only a statutory way of necessity and not an easement by prescription because of the insufficient showing of adverse use for the required twenty year period necessary to establish a prescriptive right. We agree and affirm the judgment as modified.

In this case, as in Deseret Ranches of Florida, Inc. v.…

2Cases cited5 opinions

  1. Guerard v. RoperDistrict Court of Appeal of Florida · 1980
  2. Hanna v. MeansDistrict Court of Appeal of Florida · 1975
  3. Dixon v. FeasterDistrict Court of Appeal of Florida · 1984
  4. DESERET RANCHES OF FLORIDA v. BowmanDistrict Court of Appeal of Florida · 1980
  5. Al Mar Corp. v. Van De KerckhoveDistrict Court of Appeal of Florida · 1981

3Cited by1 opinion

  1. I.R.T. Property Co. v. SheehanDistrict Court of Appeal of Florida · 1991

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