The condo associations for La Riva III, Portico, Mirabella, Ocean Breeze, the Palms of Perdido, and Windemere have filed a lawsuit to determine whether Escambia County has an easement for the public to use 75 feet of the beach behind their condominiums.
In April 2023, Escambia County was negotiating with Perdido Key condo associations along the Gulf of Mexico for 20-foot. easement for lifeguard stands. Resident Mike McCormack said that he had seen a survey that listed a 75-foot easement (Inweekly, “Perdido: Private or Public?” 4/20/23). The easement allegedly covered 64 lots.
County Property Attorney Steve West confirmed the language in an email to the commissioners. He wrote, “Attached is the first of several emails transmitting the original 1957 deeds to the properties along the Gulf of Mexico in Gulf Beach Subdivision. The deeds are in order (Lots 1 through 64), and each has the same language that the southerly 75 feet are subject to a perpetual easement for beach and public use generally.”
Commissioner Jeff Bergosh used his discretionary funds to purchase the lifeguard stands at Access Points 2 and 3.
Robert Powell of the Moorhead Law Group represents the condo associations. He doesn’t see the issue as a sensationalized battle between condo owners and the county.
“At its core, it is essentially a real property dispute that really boils down to some pretty esoteric and boring real estate law,” he told Inweekly. “And I understand it’s an emotionally charged issue, but at the end of the day, what this is about, is this easement valid or not? We’re seeking a determination of that.”
Powell questions the manner of the easement’s creation, and if it was validly created, is the easement still enforceable? He gave a thumbnail sketch of the litigation.
“We don’t believe it was validly created; that’s our first position,” the attorney said. “Even if it was, it’s not enforceable. As we sit here today, Florida law favors the marketability of title to real property, and the Marketable Record Title Act provides a vehicle to extinguish somewhat ancient claims like this 1957 easement that’s been asserted by the county.”
Powell expects the case to take years to decide. “This is a case that will ultimately be decided by an appellate court, whether that’s the First District Court of Appeal in Tallahassee or the Florida Supreme Court. Given the importance of the issue, I believe that’s where it will ultimately be determined.”
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And the full show for today: Sena Maddison, Chandra Smiley, Anna Ryan, D.C. Reeves, Ines deLa Cuetara, Robert Bender, Robert Powell, and Brad Garrett.
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