Legal Question in Real Estate Law in Florida

Although the County may have a commonlaw right-of-way, they may not have a legally enforceable claim. I suggest your review the Title Insurance policy I expect you obtained when you bought the property. There should be an easement referenced on the Title search. You will need to get a copy and have an attorney review it for clarification.

If there is no reservations on title, the city cannot pave your property without your agreement or a suit to establish the commonlaw right-of-way. The statutes references both an easement by prescription or necessity. Further the

county can file an eminent domain suit; however this may require payment for the land taken.

I hope this is helpful.