Florida District Courts of Appeal, 2001

Brown v. O'Dea

Brown v. O'Dea
Florida District Courts of Appeal · Decided June 26, 2001 · Barfield, Polston, Wolf
786 So. 2d 1289; 2001 Fla. App. LEXIS 8769; 2001 WL 708618 (Southern Reporter, Second Series)

Brown v. O'Dea

Opinion of the Court

BARFIELD, C.J.

When a public entity has acquired an easement for a street right-of-way, with the fee title to the center of the street remaining in the owners of the property abutting each side of the dedicated street, one owner of abutting property cannot acquire fee simple title to the other owner’s half of the dedicated street by adverse possession. See Waterman v. Smith, 94 So.2d 186 (Fla. 1957).

Affirmed.

WOLF and POLSTON, JJ., CONCUR.

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