Carl M. Canevari, et aux. v. Christopher Lusby, Deborah Lusby, and Donald Lushy

Sebring, Florida civil litigation lawyers represented the parties in an easement dispute.



This is a case involved a dispute over an easement for ingress and egress across portions of property owned by Appellants, the Lusbys. Appellees, the Canevaris, filed a three-count amended complaint seeking: Count I, declaration of an express easement; Count II, injunctive relief precluding the Lusbys from interfering with their use of the easement; and Count III, alternatively, to establish a prescriptive easement.



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PROPERTY LAW. EASEMENTS. The case involves an appeal concerning the existence and location of an express easement for ingress and egress over property, and the trial court's summary judgment declaring such easement and enjoining interference with its use.



PROCEDURAL LAW. FINALITY OF JUDGMENTS. The court dismissed the appeal on the basis that the summary judgment was nonfinal and nonappealable due to a pending claim and counterclaims that were factually and legally interrelated with the appealed judgment.



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In Florida, an express easement is a legally binding agreement, typically in writing, that grants specific rights to use another person's property for a particular purpose. It's essentially a grant of access or a restriction on land use, created through a deed or other written agreement.

Key aspects of express easements in Florida:



Written Agreement:

The easement must be in writing, reflecting the parties' intent to create the right.



Specificity:



It should clearly define the purpose of the easement and the area of land it applies to.



Recording:



Express easements are often recorded on property deeds to provide public notice.



Types:



Express easements can be affirmative (granting the right to do something) or negative (prohibiting something).



Enforcement:



They are enforceable in court, and the scope of the easement is determined by the written agreement.



Example: An agreement granting a neighbor the right to access their property by crossing over a portion of your land, or a restriction prohibiting you from building a structure that would obstruct their view.

Note: Easements can also be created through implied agreements (like a "way of necessity") or by prescription, but an express easement is a formal, written agreement.



Express and Implied Easements - FindLaw



Express Easements An express easement is usually created by a grantor's deed or other express grant. So, it must be in writing to ...

The trial court granted summary judgment in favor of the Canevaris on Counts I and II, declaring the existence of an express easement and permanently enjoining the Lusbys from interfering with the Canevaris' right to use the easement. The summary judgment order did not address Count III.



Appeal dismissed because Circuit Court ruling was not a final judgment.