Kirkland v. City of Tampa

Citations

• 75 Fla. 271
• 78 So. 17

Syllabus

<p>1. The platting of land leaving spaces for streets, alleys and parks, and the sale of lots according to such plat or plan creates as between the grantor and such purchasers a private right in the latter to have the spaces marked upon the plat as streets, alleys (and parks remain open for ingress and egress; and the uses indicated by the designations, a private right of ingress and egress and light and air; and as to the public it is an offer of dedication of the strips and parcels of l|and designated on the plat as streets, alleys and parks for that purpose and must be accepted by the public before revocation before the dedication becomes complete.</p> <p>2. Acceptance of such an offer of dedication may be by formal resolution of the proper authorities or by public user.</p> <p>3. One who makes a plat of his land showing strips of land for streets and ¡alleys and places for public parks, and who causes the plat to be recorded in the public records of the county where the land lies, and who offers the lots for sale according to such map or plat, thereby makes a tender to the public of such strips and parcels of land indicated on the plat as streets, alleys and parks for such purpose, and before the public acccepts such offer he may revoke the same.</p> <p>4. The grantees of one who has made such a tender to the public of land for streets, alleys and parks, to whom the owner has conveyed all the lots embraced in the plat may before the public accepts the tender revoke the same as the 'original owner may have done? — not decided. But in such case the revocation must appear clearly and conclusively to have been made and the burden of proof in either case is upon the person asserting such revocation.</p> <p>5. The burden of proving acceptance of an 'offer to the public to dedicate lands for streets, alleys ¡and parks' is upon the county or municipality asserting it.</p> <p>6. A decree of the Chancellor is presumed to be correct, and when based upon evidence taken befo