(1) The rights and interests in land which are subject to being extinguished by marketable record title pursuant to the provisions of s. 712.04 shall include rights of entry or of an easement, given or reserved in any conveyance or devise of realty, when given or reserved for the purpose of mining, drilling, exploring, or developing for oil, gas, minerals, or fissionable materials, unless those rights of entry or easement are excepted or not affected by the provisions of s. 712.03 or s. 712.04. However, the provisions of this section shall not apply to interests reserved or otherwise held by the state or by any of its agencies, boards, or departments.
(2) Any person claiming such a right of entry or easement may preserve and protect the same from extinguishment by the operation of this act by filing a notice in the form and in accordance with the procedures set forth in ss. 712.05 and 712.06.
(3) This section is intended, and shall be deemed, to operate both prospectively and retrospectively.
(4) The provisions of this section shall not revive any right or interest that was extinguished by the operation of chapter 712 prior to June 6, 1975.
History.—s. 1, ch. 70-100; s. 1, ch. 73-140; s. 1, ch. 75-94; s. 70, ch. 99-3.
Structure Florida Statutes
Title XL - Real and Personal Property
704.01 - Common-Law and Statutory Easements Defined and Determined.
704.02 - When Lands Enclosed, Person Using Easement to Maintain Gates.
704.03 - “Practicable” Defined.
704.04 - Judicial Remedy and Compensation to Servient Owner.
704.05 - Easements and Rights of Entry.
704.06 - Conservation Easements; Creation; Acquisition; Enforcement.
704.07 - Solar Easements; Creation; Remedies.
704.08 - Cemeteries; Right of Ingress and Egress for Visiting or Maintenance.