CUNNINGHAM v. HALEY

No. 86-161.

501 So.2d 649 (1986)

Gary CUNNINGHAM, et al., Appellants, v. James A. HALEY, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 30, 1987.


Attorney(s) appearing for the Case

Edward J. Richardson of Saxon & Richardson, P.A., Melbourne, for appellants.

Ralph Geilich, Melbourne, for appellees.


COWART, Judge.

This case involves the effect of the Marketable Record Title Act (Ch. 712, Fla. Stat.) on land use restrictions.

In a certain place in south Brevard County, a state road (formerly 140, now A1A) runs north and south roughly parallel with the Atlantic Ocean and about 270 feet west of the barrier dune along the ocean beach. In 1943 about 1400 feet of this strip of land between the state road and the ocean was subdivided into fourteen numbered lots...

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