City of Tarpon Springs v. Smith

Citations

• 81 Fla. 479
• 88 So. 613

Syllabus

<p>1. Lands not covered by navigable waters and not included in the shore space between ordinary high and low water mark immediately bordering on navigable waters are the subject of private ownership, at least when the public rights of navigation, etc., are not thereby unlawfully impaired.</p> <p>2. Riparian rights generally are incident to a street easement only when and at the points where the street, by express provision or by intendment, extends to a navigable body of water.</p> <p>3. Where a dedication plat shows that a street line at some points extends to and along the water line of a navigable body of water, and at other points the street lines depart from the water line, and after encompassing considerable space again return to the water line, there may be riparian rights incident to the street easement at the points where . the line of the street and the navigable water line coincide or join, but there may be under appropriate* circumstances no riparian rights incident to the street where the street and water lines do not intersect, when it appears that the space delineated between the water line and the street line was not dedicated.</p> <p>4. Where a municipality apparently has rights in an easement in land that is in controversy between private parties, but the record affords no sufficient data for a proper decree as to the city, the rights of the other parties may be expressly adjudicated without prejudice to the municipality. Nor is the State prejudiced by the decree.</p> <p>5. A party asserting a counter claim by answer in equity, as permitted by statute, has tire burden of proof as to sucb counter claim seeking affirmative relief upon averments of new matter.</p>