Lucas & Company, LLC

Rights-of-Way III



Rights-of-Way III – 1.5 Contact Hours
The case-in-chief is H&F Land v. Panama City-Bay County Airport, Florida Supreme Court 1999. What effect does the Marketable Record Title Act (MRTA) have on a common-law right-of-way of necessity? In this case H&F Land has a landlocked piece of property with a common-law right-of-way by necessity implied across the property of the Panama City-Bay County Airport. The MRTA, which has been enacted in 22 states, tends to extinguish antiquated claims that have not been asserted within the last 30 years. Does MRTA extinguish H&F Land’s implied common-law right-of-way by necessity leaving it landlocked? This is a 2-Page Letter covering 1 Court Opinion consisting of 12 pages. This 14-Page document has a 10-Question examination based on the text of the newsletter and the case-in-chief.

OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.