Legal Question in Real Estate Law in Florida

eminent domain

We purchased 8 acres of property 14 years ago, ours is the last house on the driveway. Sold 1 acre lot to my son, who is now building a house. The entrance to all ten houses is a public dirt driveway. The previous owner of the entrance to the dirt path gave everyone who had houses free use to the public driveway, in return everyone on the drive has paid semi-annually for grading and rock beds. A new owner has purchased the property where the entrace to the public driveway begins. He is now saying that it is his property and he does not have to allow anyone access to the driveway and its boarders for trucks to come in or for sewer or utility lines to be established, although he has taken money for the repair of the drive. Do we already have eminent domain from the previous owener?


Asked on 10/05/00, 3:11 pm

1 Answer from Attorneys
Jorge Otero Jorge E. Otero & Associates, P.A.

Re: eminent domain

Let em say that you are confusing issues of eminent domain (taking by government of private property for public use), easements, and acquiring property rights by adverse possession. Each of the above requires the existence of certain elements which your letter do not address. You need to review your title insurance policy, if any, and look at the legal property being insured; note that access to your residence is insured in most title policies. Consult a real estate attorney in your area as soon as possible and provide him/her with copies of all documents you received when you purchased, title policies and real estate tax bills paid by you over the past 14 years.

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Answered on 11/03/00, 8:21 am


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