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BROWN v. DEA (2001)

District Court of Appeal of Florida,First District.

Patrick F. BROWN and Carolyn C. Brown, Appellants, v. Johan O'DEA, Appellee.

No. 1D00-2647.

Decided: June 26, 2001

Jesse W. Rigby and Gayle H. Cramer of Clark, Partington, Hart, Larry, Bond and Stackhouse, Pensacola, for Appellants. David L. McGee and Peter J. Mougey, of Beggs & Lane, Pensacola, for Appellee.

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.

BARFIELD, C.J.

WOLF and POLSTON, JJ., CONCUR.

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BROWN v. DEA (2001)

Docket No: No. 1D00-2647.

Decided: June 26, 2001

Court: District Court of Appeal of Florida,First District.

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