Florida East Coast Railway Co. v. Worley

Citations

• 49 Fla. 297

Syllabus

<p>1. Where the owners of a tract of land make a town plat thereof, laying same out into lots and blocks with intervening streets separating the blocks clearly indicated upon the plat and sell and convey lots with reference to such plat, they thereby evince an intention to dedicate the streets to public use as such, and their grantees as against them and those claiming under them acquire the right to have the streets kept open, even’ though no formal written instrument of dedication is ever executed. The rule applies not only to streets and avenues, but to parks and other public places designated upon the plat. The word “park” written upon a parcel of land designated upon the plat, implies that such parcel is dedicated to the public for park purposes, and the sale of lots with reference to such plat, especially where such lots abut the park or are separated from it only by a street carries with it the right on the part of the grantees to have the parcel used for public park purposes only.</p> <p>2. Where the owners of certain land prepared and filed in the office of the clerk of the Circuit Court of a county a plat thereof exhibiting thereon the land as laid off into blocks, lots and streets as and for a town, and a parcel shown thereon was marked PARK, the fact that a written dedicatory instrument attached to the plat only purported to dedicate the “streets or highways” shown thereon, does not in the absence of other language showing clearly an intention not to dedicate the park, operate as a reservation of such parcel from dedication, .and the sale of lots with reference to. such a plat operates as a dedication of ' the parcel for public park purposes.</p> <p>3. A plat of lands laid off as a town with a dedicatory statement attached thereto prepared and filed by the owner of the land with reference to which lots are sold by him, must, like all other written documents, be construed as a whole in order that the intention of the party may be ascertained, and every pa