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Kimlow, Inc. v. Seminole Landing Ass'n

Citations: 586 So. 2d 1290; 1991 Fla. App. LEXIS 15465; 1991 WL 193330Docket: No. 90-1611

Court: District Court of Appeal of Florida; October 2, 1991; Florida; State Appellate Court

Narrative Opinion Summary

In this appellate case, property owners sought a reversal of a trial court judgment that restricted their ability to install sewer lines under a deeded easement in the Seminole Club Addition. The appellants, owning approximately 31 acres, required validation of easements for sewer lines along Seminole Boulevard to proceed with development plans. The trial court ruled against the appellants, interpreting the easement as not extending to sewer lines, deemed an unreasonable burden. However, the appellate court reversed this decision, determining that the language in the deeds for parcels D through H clearly included sewer lines as utilities and allowed for their installation. Citing statutory definitions and case law, the appellate court found that the installation of sewer lines was within the original scope of the easement and would not unduly burden the servient estate. The appellate court addressed concerns about compatibility with existing residences but deemed them irrelevant to the easement's interpretation. The decision permits the installation and maintenance of sewer lines, facilitating the appellants' development plans, while issues related to road widening were not contested in this appeal.

Legal Issues Addressed

Burden on Servient Estate

Application: The appellate court found that the installation of sewer lines would not increase the burden on the servient estate beyond what was initially intended.

Reasoning: Testimony confirmed that the sewer line would not significantly disrupt the easement, as it would be underground and adequately sized to service additional properties without increasing burdens.

Exclusion of Certain Parcels from Easement Rights

Application: The trial court's decision stated that parcels B and C lacked easement reservations, but the appellate court focused on the parcels with explicit easement rights.

Reasoning: It was acknowledged that parcels B and C lacked easement reservations.

Interpretation of Easements in Deeds

Application: The appellate court determined that the language of the deeds explicitly allowed for the installation of sewer lines as part of the utility easements.

Reasoning: The court concluded that sewer systems are indeed utilities and that the easement language explicitly allows for sewer line installation.

Scope of Utility Easements

Application: The court held that the installation of sewer lines was contemplated within the original easements for parcels D through H and did not unreasonably expand the easement's scope.

Reasoning: The court incorrectly held that installing sewer lines along Seminole Boulevard would unreasonably expand the easement's original scope.