JOHN E. STEELE FRAUD

JUDICIAL CONCEALMENT OF BINDING PRECEDENT

Caples v. Taliaferro, 144 Fla. 1, 197 So. 861

http://vlex.com/vid/murrell-myrtle-situate-brevard-36674501

“However, in Caples v. Taliaferro, 144 Fla. 1, 197 So. 861, 862, the Supreme Court of Florida approved the rule that 'when a street or highway is platted on the margin of the grantor's land, a conveyance of the lands bordering the street carries the fee to the entire width of the street unless expressly reserved.' This rule, sound in principle, is controlling here.

Since there is nothing in the case now before us to show an intention on the part of the subdivider to retain any interest in the strip of land in question, the appellees' titles extend the entire width of the strip to the ordinary high water mark of the Atlantic Ocean. See Johnson v. Grenell, 188 N.Y. 407, 81 N.E. 161, 13 L.R.A.N.S., 551; Gifford v. Horton, 54 Wash. 595, 103 P. 988; Taylor v. Armstrong, 24 Ark. 102; 8 Am.Jur. 778-779, Boundaries, 43.”

Sam E. Murrell and Myrtle H. Murrell, His Wife, Appellants, v. United States of America, 8.84 Acres of Land, More or Less, Situate in Brevard County, Florida, Et Al., Appellees., 269 F.2d 458 (5th Cir. 1959)

Federal Circuits, 5th Cir. (September 25, 1959)

Docket number: 17696

Perimeter Roads

http://vlex.com/vid/murrell-myrtle-situate-brevard-36674501

The ownership of the fee title to an undedicated, abandoned, or vacated street, which lies on the perimeter of a plat is governed by Caples v. Taliaferro, 197 So 861 (Fla. 1940).

The Florida Supreme Court held in Caples v. Taliaferro, 197 So 861 (Fla. 1940), that title to the entire street vests in the owner of the abutting lots within the subdivision. Page 867:

"There are also authorities holding that when a street or highway is laid out wholly on the margin of a grantor's land, a conveyance of the lands abutting such street or highway carries the fee to the entire width of such street or highway unless expressly reserved" (emphasis supplied).

For purposes of issuing a title policy, the title to the entirety of a street on the perimeter of a plat is insured in the owner of the abutting lot.

PRIVATE RIGHTS

Rights acquired by purchasers of platted lots are described as private rights in the nature of implied easements over the streets shown on the plat. These private rights exist independently of any public rights arising out of the dedication. Feig v. Graves, 100 So.2d 192 (Fla. 2d DCA 1958). Even after public rights may have been eliminated [no dedication] or through a proper vacation or abandonment, the private rights (easements) must be dealt with.

NO DEDICATION PURSUANT TO PLAT BOOK 3, PAGE 25 (1912)

Before September 1, 1971, no rights in streets were acquired by the public until the offer to dedicate was accepted. Here admittedly, there never was any dedication. See Lee County PB 3, PG 25 (1912). The “paper” streets were never developed.

http://www.scribd.com/doc/24280944/John-Edwin-Steele-Judicial-Fraud-and-Concealment-caples