TO THOSE CONCERNED CITIZENS OF PALM CITY FARMS:
The Palm City Farms Trail Association Inc. intends to work diligently to return taken right of ways of the original plat to the appropriate public and private use as provided from the acceptance of the plat by user. When all the lots were sold by January 1, 1925 the saved and reserved clauses in the dedication of the Farms page of the two page plat were transferred from the Palm Beach County Land Company to the owners. This act vested all the rights held back by the Company to the owners of the parcels. The right to have public highways was offered but never formally accepted by the county for the public thus the acceptance of the plat was by use of any portion of any of the roadways. This acceptance by user made the right of ways public domain. The plat of the Farms showed the roadways as unnamed and unlabeled spaces with the parcels bounded by the roadway lines. This is accepted by the courts as indicating a reservation by the Palm Beach County Land Company Inc. and the reservation was also stated on the plat and in the original deeds. When the Company sold all its interests in the land platted the ownership of the roadways extended to the centerline with each abutting owner having an underlying title right to the land if the public and private rights were ever removed. Some of the roadways have had these rights removed by Roadway Abandonment or Re-Plats like the PUD of Canopy Creek and Country Place. The viability of each segment of the roadway system must be determined before it can be returned to appropriate service.
The county plays no role in the return of the roadways to private use or public use except to exercise their authority to claim them as public domain. Since it is not possible to remove the public rights by any methods other than those prescribed by law a legal record will indicate removal of the public rights. The county will enforce the removal of obstructions from declared “OPEN” roads. Platted unopened road right of ways can only be “opened” by acquiring an “Open Road Permit” from the county. This process causes confusion. There is no permit required for the legal use of a platted unopened road right of way. Construction on or mechanized clearing of a platted unopened roadway requires a “Right of Way Use Permit” from the county. Normal use and normal maintenance of the clear path sufficient for the use of the platted unopened roadway does not require county approval or permitting.
After a roadway satisfies all the county’s requirements it may be accepted into the county inventory of county maintained roadways. The substandard roadways in Palm City Farms are not maintained by the county unless they have been maintained for more than four years, have county construction on them, or have been formally accepted. Maintenance of the roadways not accepted by the county is the charge of the owners of the land who want and need access and service to their property. The rules of easement maintenance apply and are defined by case law. The basics are as follows: There are defined two types of easement tenements: Servient and Dominant. All owners of parcels are both depending on which parcel is being examined. The servient tenement is the owner of the parcel that has the easement directly abutting their parcel. The dominant tenements are all other parcel owners. The rules of maintenance are that the servient tenement is not required to maintain the section abutting their parcel unless they choose to. The dominant tenements are allowed to maintain any roadway important to them within the constraints of the county’s legal rules. A servient tenement is to not interfere with the maintenance being done by the dominant tenement and those in charge of maintenance may remove obstructions from the roadway.
Liability is a huge concern because of the litigious nature of our society. Anyone may sue anyone for anything whether they stand a prayer of a chance of winning damages or not. The law does act as a damper on the frivolous lawsuits and an arbiter of fairness for the serious lawsuits. The county has the duty to defend against any suit on the public domain. Things that favor and protect the landowners are:
1. DO NOT interfere with the use of the easement: to interfere brings liability.
2. Do maintain posted signs warning of trespass on private lands.
3. Do recognize that State Laws have special statutes protecting against Equestrian Accidents: post the signs.
4. Provide no invitations to use the right of way or inducements to use it.
5. Sign no contracts for use of the right of way easement.
6. Consult your attorney.
7. Consult your Insurance carrier for their direction.
Taxes and Ownership is a hotly contested issue for some owners. The belief is that if they pay taxes on it they own it and therefore are liable for everything on it. No taxes are paid on the public domain unless the county has a mistake in their system. If in doubt contact the property appraiser’s office and follow their directions to assure yourself that you do not pay taxes on the right of ways.
OUR PROMISE:
The Palm City Farms Trail Association will maintain the right of ways that we want to use as trails and we will comply with county rules and regulations in doing this work. The Trail Association will monitor and regulate the use of its members on the trail system and assist landowners in prosecuting trespassers. In return you should return the right of way you have taken without legal right. If you insist on keeping the right of way you must get an attorney to help you become legal in your endeavors to acquire the public and private rights you do not own.
Palm City Farms Trail Association Inc. May 13, 2012
