A land trust that I am somewhat involved with owns a parcel of land in
Pasco County, Florida that is a Road. Apparently it was owned by the
developer of the property who did not pay taxes on it, then our land
trust bought the tax deed.
Before I go any further, here is a link to the property appraisers
data sheet on the parcel;
http://appraiser.pascogov.com/search/parcel.aspx?sec=10&twn=26&rng=21&sbb=0000&blk=02200&lot=0000
Here is a link to an aerial view / map of the parcel;
http://maps.pascogov.com/maps/redir.asp?dest=map&parcel=2126100000022000000
I have studied the statutes and case law in florida on this subject to
some extent.
I understand that the residents that live on this road may get a
prescriptive easement.
Such an easement does NOT currently exist, but will ONLY exist if they
sue and win.
From what I have read, such suits are VERY difficult and expensive to
win, these easement are difficult to get.
++++++++++++++++++++++++++++++
704.01 Common-law and statutory easements defined and determined.--
(1) IMPLIED GRANT OF WAY OF NECESSITY.-
++++++++++++++++++++++++++++++
Because all the property (the street and houses) was owned by the same
owner (the developer), the residents could also sue for an IMPLIED
GRANT OF WAY OF NECESSITY.
I have read case law that suggest that if I block access it could
create some liability.
So, I have made it clear to the residents that I do not intend to
block their access.
I have explained to them that I would possibly intend to reroute their
access. The two to the north, who live on either side of Plaza View
Drive at the intersection of Geiger Road can be legally forced to
access their property via. Geiger Rd instead of Plaza View Drive.
The residents of the other 11 houses can legally be forced to access
their property by taking 'Wilson Drive' to the strip of land between
the red lines that is not paved. The strip I am refering to is part of
this same parcel. It is not paved, but asking these residents to use
it via Wilson Drive would, according to my perception of the case law,
eliminate the possible liability that can come with 'Blocking Access'.
SO.... Feel free to comment on, agree with, or disagree with any of
the above. I'll read any and all posts.
NOW... The question arises... What to do with the land... How do I
get the residents to feel compelled to purchase it for as much as
possible?
Ideas;
The first idea would be to just do nothing except send everyone a
certified letter explaining that there may come a day that access may
be rerouted, then just do nothing until one or some of the residents
want to sell their houses.
I believe that these houses may be VERY difficult to sell with this
question of legal access looming.
I have posted on Craigs list offering to let people use the paved
portion of the land only for storing old furniture like couches, fill
dirt, Etc.
I have also offered free R.V. and boat storage.
I am looking for people who might want to use the property to Drag
Race and for 'Burn Out' Contests Etc.
I read something about some guy that would allow the homelsess to
occupy his property so I am looking into that.
I understand that we would be legally within my right to remove ALL
pavement from the parcel including the parts of driveways that are on
our land.
So... Lets see the love... Send me your comments, questions, ideas,
input, thoughts, Etc....
I'll read it all.
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