SALARIO, Judge.
This is one mess of a dispute over title to real property. It involves a parcel of land on Siesta Key in Sarasota County, various portions of which were conveyed in more than one deed to more than one person over the span of decades. Many of the property descriptions in those deeds include boundaries defined by streets that no longer exist and that have changed names. Much of the land that once defined the boundaries of the property has been swallowed up by the Gulf of Mexico. There is no simple, reliable drawing in our record that clearly explains to the layman what the parcel looks like in relation to its surroundings. The applicable law has changed over time. Getting to the bottom of the case has been a bit like untangling spaghetti.
The bottom line is this. At our direction after a previous appeal,
The disputed parcel lies in what was originally known as the Siesta subdivision and is now called the Cocoanut Bayou subdivision. Today, it is a narrow strip of land that is at its widest point twelve and one-half feet wide and eighty-six feet long.
The subdivision was partially replatted in 1944. For reasons that are not clear from our record, the area called Gulf Avenue a/k/a Shell Road in the 1912 revised plat is named only Shell Road in the replat.
With this understanding of the nature of the disputed parcel behind us, we now turn to the competing claims of ownership to that parcel.
Understanding the competing claims of ownership to the disputed parcel requires understanding the recorded deeds purporting to convey title to that land. The beginning of the story for our purposes is that all of the property in the Siesta subdivision was originally owned by E.S. and Helen Boyd, with one exception. The exception is Lots 10 and 11 of Block 60—recall that Lot 10 abuts what was Bee Street on its south side and what was Gulf Avenue on its east side—which were originally owned by Kathleen Ingalls.
In 1945, Ms. Ingalls conveyed title to Lots 10 and 11 to James and Alice Thomas. In 1946, the Boyds conveyed title to Lots 9, 12, 13, 14, and the north half of Lot 15 to the Thomases. The deed also conveyed title to land located to the west of Gulf Avenue described by metes and bounds. That metes and bounds description had its point of beginning at the centerline of Bee Street extended beyond the end of Bee Street to the west side of Gulf Avenue. The line was then extended west to the waters of the Gulf, south along the water's edge for a distance, then east to the western edge of Gulf Avenue, then north back to the point of beginning. That conveyance covered all of the property to the west of the part of the disputed parcel at issue in this appeal and looked—very roughly—something like this:
In October 1949, Sarasota County executed a deed vacating Bee Street, thereby relinquishing any title or interest it had in the property. The parties have stipulated that the Association thereby obtained title to the north half of Bee Street, and the Thomases, as the owners of Lots 9 and 10, obtained title to the south half. As a result, the Thomases' property bordered Gulf Avenue on both the east and west sides from the centerline of Bee Street to the south as of 1949. In December 1949, the Thomases conveyed Lots 9, 12, 13, 14, the north half of Lot 15, and the property described by metes and bounds in the 1945 Ingalls-to-Thomas deed to Ms. Thomas individually. In a corrective deed in 1950, Mr. Thomas conveyed the property described in the October 1949 deed together with Lots 10 and 11, which had not been conveyed in the 1949 deed.
Now things are about to get more complex. In 1952, the Boyds deeded some property to the Association.
To the extent it is not obvious, there is a problem here. The Boyd-to-Association deed also includes a chunk of land—everything that deed tried to convey west of Gulf Avenue—that the Boyds had expressly deeded to the Thomases back in 1946. In 1952, the Boyds no longer had title to that land. And to the extent the deed they gave the Association tried to convey it, it was a wild deed.
There is still more. In 1964, Ms. Thomas deeded Lots 10, 11, 12, the north twelve and one-half feet of Lot 13, and the northerly eighty-seven and one-half feet of Lot 9 to her daughter, Alice Thomas Shannon. That deed also included property described in metes and bounds as the land between the westerly boundary of the conveyed lots bounded on the north by the westerly extension of the north line of Lot 10 to the Gulf and on the south by the westerly extension of the north line of the north one-half of Lot 13. That description includes land on what used to be Gulf Avenue that was not expressly conveyed by the 1946 Boyd-to-Thomas deed—Ms. Shannon's root of title —but that nonetheless was properly conveyed for the reasons we describe below.
The property Ms. Thomas deeded to Ms. Shannon passed to multiple buyers in multiple transactions until coming to rest with the Lehmanns in 1979. When they purchased the property, Mr. Lehmann became
Two additional points relevant to these conveyances deserve mention now because they will become important later. First, neither the 1912 nor the 1944 plat maps contain any express reservations of rights other than riparian rights, which are not at issue here. Second, our record does not reflect that any of the relevant deeds contain language reserving title to areas designated as streets or reserving reversionary interests in such areas to the dedicators, and neither party has argued that they do.
The history of this litigation is long, but it is not too important. What the reader needs to know is that the case was previously before this court on an appeal from a final judgment rendered after a nonjury trial settling title to the whole of the disputed parcel in the Association based on a claim it had asserted under the Marketable Record Title Act.
On remand, based in substantial part on the record developed in the nonjury trial, the trial court divided the disputed parcel into parts designated 1, 2, and 3 and held that the Lehmanns and the Association each owned parts of the disputed parcel. The trial court's division of the property looked something like this:
The trial court held that the Association owned part 1, which is bounded on the north by the extended centerline of Bee Street and on the south by the extended south line of Bee Street—essentially, that portion of the property that used to be part of Gulf Avenue—based on the 1952 Boyd-to-Association deed. It then held that parts 2 and 3—most of which now lie under the Gulf, but some of which may have also fallen under Gulf Avenue from the west—were owned by the Lehmanns based on the 1945 Boyd-to-Thomas deed. The trial court quieted title accordingly.
The Lehmanns appeal that portion of the judgment quieting title in part 1 in favor of the Association. We review the trial court's findings of fact for competent substantial evidence and its legal conclusions de novo.
The central question in this case is whether the Lehmanns or the Association hold title to what used to be Gulf Avenue at the point where the southern half of Bee Street ended. In our prior opinion, we recognized that that property was not expressly included in the 1946 Boyd-to-Thomas deed but was expressly included in the 1952 Boyd-to-Association deed.
If someone other than the Boyds held title to part 1 before the 1952 Boyd-to-Thomas deed, however, that deed could not have conveyed title to part 1 to the Association.
The question of whether someone else obtained title to part 1 by means other than an express conveyance requires us to consider how title passes to the lands underneath areas designated on plat maps as streets. A plat map is "[a] document showing the legal divisions of land by lot, street, and block number" that may be referred to for purposes of describing the property depicted on the map in conveyances and the like. Plat map,
The difference between common law and statutory dedications is significant for purposes of determining who owns the underlying land. In the absence of a clear intention to the contrary, a common law dedication "does not divest the owner of the title to the land, but only subjects the land and the title to the public easement for street purposes," with title remaining in the dedicator or his or her successors in
Here, we have two plat maps—one recorded in 1912 and one recorded in 1944—each of which designates Bee Street and Gulf Avenue as streets. Turning first to the 1912 plat map, the dedication of Bee Street and Gulf Avenue was of necessity a common law dedication because, in 1912, there was no statute under which a statutory dedication could have been accomplished. Common law was the only option. The record contains no evidence that by putting Gulf Avenue and Bee Street on the 1912 plat map, the property owners intended anything other than a public easement. As such, by operation of law, the owners of the land designated as Gulf Avenue and Bee Streets on the 1912 plat reserved for themselves title to that property subject only to public easements created by placing those streets on the plat map.
Pay attention here, because this leads to a legal wrinkle that is central to this case. From the time of the 1912 plat through to today, it has been the law that when property owners retain title to an area subject to a public use easement as a street, title to the land up to the centerline of the street is conveyed by any conveyance of the land abutting the street unless title is expressly reserved by the grantor.
The question then becomes whether the partial 1944 replat or anything thereafter changed the state of play. The answer is that it is at least theoretically possible. Unlike the situation at the time of the 1912 plat, there was a statutory method to dedicate a street in 1944—section 341.59, Florida Statutes (1944). It provided that a statutory dedication occurs when a street constructed by a county or the state has been "maintained, kept in repair or worked for a period of four years continuously and uninterruptedly by" the county or the state and that a statutory dedication may be proven by the filing with the appropriate circuit court clerk of a map certified by an appropriate state or county official reciting that the land had vested in the state or county, as appropriate. Id. This was the law when Sarasota County vacated Bee Street in 1949. And the law was substantially similar—although amended to account for dedication to municipalities—when Gulf Avenue was vacated by Sarasota County in 1983.
Part of the Lehmanns' argument on appeal implies that there may have been statutory dedications of Bee Street and Gulf Avenue to Sarasota County. They assert that the legal consequence of a statutory dedication would be that the landowners abutting those streets held reversionary interests in the land underneath the streets extending to their centerlines that would vest—granting them title to the land—if the land was vacated by Sarasota County.
The Association argues that the reversionary-interest principle does not apply to Gulf Avenue because Gulf Avenue was not a formally platted road in 1912 or in 1944. Because Gulf Avenue was plainly dedicated on both plats, we take the Association's argument to mean that Gulf Avenue was
As such, to determine whether title to that land passed by a means other than an express conveyance in the 1952 deed, we need consider only two possibilities. The first is that prior to 1952, a deed or deeds conveyed title to Gulf Avenue subject to an easement allowing that land to be used as a street by conveying title to the abutting land and not expressly reserving title to the street to the grantor, such that the land encumbered by the easement could be transferred subject to that easement at any time. The second possibility is that prior to 1952, a deed or deeds conveyed a reversionary interest in the land underneath Gulf Avenue by virtue of conveying the land adjacent to Gulf Avenue, which reversionary interest vested and became actual title when Sarasota County vacated Gulf Avenue in 1983, thereby surrendering the title it had held previously.
The nub of the reason why is that in the absence of a reservation of title or the reservation of a reversionary interest somewhere in the chain of title, both the abutting-lands principle and the reversionary-interest principle answer the question of who owns the land underneath a road by looking at who owns the land abutting that road and recognizing that the abutting landowner has either title to or a reversionary interest in the land underlying the road to its centerline. So to determine the outcome under either principle, we have to look at the chains of title to the lands to the west and east of Gulf Avenue—i.e., title on either side of the centerline of Gulf Avenue to its corresponding eastern and western boundaries is determined by looking at the titleholders on each side of it. For purposes of this analysis, then, one can consider part 1 of the
For the land to the west of Gulf Avenue, the relevant documents in the competing chains of title are the 1946 Boyd-to-Thomas deed and the 1952 Boyd-to-Association deed. For the land to the east, we need to look at the 1945 Ingalls-to-Thomas deed, the stipulated consequences of Sarasota County's vacating Bee Street in 1949, and the 1952 Boyd-to-Association deed. Each of the relevant deeds described the property they conveyed by reference to Bee Street and Gulf Avenue. The 1945 Ingalls-to-Thomas deed conveyed Lot 10 of Block 60 as described on the 1912 plat, which placed Lot 10 at the point where Bee Street and Gulf Avenue met. The 1946 Boyd-to-Thomas deed and the 1952 Boyd-to-Association deed both described the land conveyed using boundaries marked by Bee Street and Gulf Avenue on the 1912 plat.
The 1912 plat map, although it expressly reserves any riparian rights within the plat to the original owners, contains no similar reservation of any interest in the property underlying the roads shown on the plat.
With that background established, it becomes clear that either the Lehmanns or their predecessors in title owned the lands abutting both sides of Gulf Avenue, and thus they hold chain of title to the land under it in full.
We know that Gulf Avenue in 1912 and 1944 was, at minimum, a dedication of common law easement on those plats, and if that is all that it was on both plats, we have explained why as abutting-land title, the land under that easement was always outside the chain of title for the 1952 deed. But we also recognize the existence of the theory that the 1944 replat or the operation of statutes that had been codified after 1912 may have converted the easement into a dedicated road that divested the dedicator of title to it and vested it with the Sarasota County.
In the possible conveyance of reversionary interests in Gulf Avenue prior to the 1952 Boyd-to-Association deed, we again consider the western and eastern segments of part 1. In 1946, by way of the Boyd-to-Thomas deed, the Thomases acquired title to the property abutting the western boundary of Gulf Avenue in a chain of title separate from the chain of title through which they acquired the Ingalls property to the east. This property expressly included the area to the west of Gulf Avenue south from the centerline of an extended Bee Street. Therefore the titled property to the west of the western subportion of part 1 of Gulf Avenue was expressly conveyed in the 1946 deed and was not dependent on the vacation of Bee Street. The 1945 deed coupled with the 1949 Bee Street reversion similarly titled all the adjacent land to the east of the eastern subportion of part 1. It is therefore clear that title in the properties comprising the land on either side of the eastern and western boundaries of the Gulf Avenue parcel had vested fully in the Lehmann's predecessors in title—the Thomases—prior to the 1952 Boyd-to-Association deed either by way of express conveyance or the vesting of title through a reversionary interest following the vacation of Bee Street. For the reversionary-interest consideration for the western part of part 1, then, this means only answering the question of whether titleholders of the adjacent land to the west of part 1, the Lehmanns stemming from the Boyd-Thomas chain of title, held the reversionary interest that vested in 1983 upon the vacation of Gulf Avenue or whether the Boyds otherwise passed that interest to the Association in 1952. To the extent such a reversionary interest existed, nothing in our record shows that the Boyds expressly reserved it when they conveyed title to the Thomases in 1946, and absent more, that means the reversionary interest vested with the abutting-land titleholder to the west in 1983. See § 177.085. None of the deeds passing title after that point otherwise exclude such a reversionary interest, see § 177.085(1), nor has the Association shown that it sought to establish such a right after the 1983 vacation of Gulf Avenue pursuant to section 177.085(2).
The same reasoning also applies to the eastern side of part 1 for the Ingalls chain of title. The caveat is that those in the Ingalls chain of title acquired vested title to land east of part 1 with one additional step—that is when the reversionary interest in the southern half of Bee Street vested in 1949. But how title to the property between the southern edge and centerline of Bee Street to the east of part 1 vested is not as important as the fact that it happened no later than 1949, and there is, like its corresponding chain of title to the west, no evidence of an express reservation of that interest such that it could have reverted to anyone but the Lehmanns by way of the Ingalls-Thomas chain of title.
Thus, the Lehmanns correctly maintain that at the time that the 1952 deed purported to expressly convey title to the Gulf-Avenue-bounded property now at issue, the Boyds did not own any interest, expressly titled or reversionary, because it was already conveyed to the Thomases in the 1945 and 1946 deeds and the vesting of the Bee Street reversion no later than 1949. Each relevant deed expressly conveys
However one looks at it, the Lehmanns acquired title to what the trial court described as part 1 of the disputed parcel by virtue of the conveyance of title of the abutting lands or reversionary interests in part 1 prior to the Boyds' attempted conveyance of that land to the Association in 1952. Thus, the trial court erred when it settled title to what it called part 1 based on a chain of title stemming from the 1952 Boyd-to-Association deed. We reverse that portion of the final judgment, and the related order of the trial court directing the disbursement of funds from the court registry, and we affirm the remaining portions of the final judgment. We remand with instructions to the trial court to enter a judgment settling title to the entirety of the disputed parcel in the Lehmanns.
Affirmed in part; reversed in part; remanded with instructions.
LaROSE, C.J., and BADALAMENTI, J., Concur.