The community of Sunny Shores, Florida, is in the midst of a legal battle to secure an easement for a boat launch that has been a staple of the community for decades. The boat launch in question is owned by Parrot Cove Marina, but has always been open for use by Sunny Shores residents. The community is now seeking a recorded easement to ensure that they can continue to use the boat launch for years to come.
An easement is a legal right to use someone else's property for a specific purpose. In this case, the community of Sunny Shores has been using the boat launch owned by Parrot Cove Marina for decades. However, the marina has recently raised concerns about liability and safety issues associated with the use of the boat launch by non-marina patrons. As a result, the marina has put up gates and signs restricting access to the boat launch.
The Sunny Shores community, however, is not willing to give up their right to use the boat launch without a fight. They are seeking an implied easement, which is an easement that is not created by an express agreement, but rather by the actions of the parties involved. In other words, the Sunny Shores community is arguing that their longstanding use of the boat launch has created an implied easement.
To prove an implied easement, the Sunny Shores community will need to show that their use of the boat launch was open, continuous, and obvious. Open use means that the use of the boat launch was not secret or hidden, but rather was known to the marina and other members of the community. Continuous use means that the use of the boat launch was ongoing and uninterrupted, without any significant breaks or lapses in time. Obvious use means that the use of the boat launch was apparent and visible, such as through the presence of boats or other evidence of use.
In addition to proving open, continuous, and obvious use, the Sunny Shores community will also need to show that their use of the boat launch was reasonably necessary. This means that the community must demonstrate that the boat launch was the only practical means of accessing the water, and that there were no reasonable alternatives available.
If the Sunny Shores community is successful in proving an implied easement and have it recorded, they will have the legal right to continue using the boat launch. However, the marina may still be able to impose reasonable restrictions on the use of the boat launch, such as limiting the number of boats that can be launched at any given time or requiring users to sign liability waivers.
Litigating an easement can be a lengthy and costly process, and it is important for the Sunny Shores community to have legal representation throughout the process. It is also important for the community to work collaboratively with the marina to try to reach a mutually beneficial solution that meets the needs of both parties.
In conclusion, the community of Sunny Shores, Florida, is involved in a legal battle to secure a recorded easement for a boat launch owned by Parrot Cove Marina. To prove an implied easement, the community will need to demonstrate open, continuous, and obvious use of the boat launch that was reasonably necessary. While litigating an easement can be challenging, it is important for the community to work collaboratively with the marina to try to reach a solution that benefits everyone involved.
You can support the effort by donating to the litigation fund below. ⬇︎