New Decision: Parking

Parking.

The second decision, addressing how the term of a condominium parking space assignment by a license agreement, was issued by the Third District Court of Appeals in Keane v. The President Cd’m Assn’n, Inc. (____ So. 3d. _____, Case No.: 3D13-746, Fla. 3rd DCA February 19, 2014).

The decision reinforces that a license to use a parking space is revocable at will. This decision differentiated an easement from a license. The Condominium Association provided the unit owner a “Parking Space License,” charging $5,000.00 for the space. The text specifically stated that it was a “License onto BRIAN KEANE, for the use and all rights benefit of the parking space….” Nearly ten years thereafter, the Association sought to revoke the license.

Keane sued seeking a declaratory judgment apparently alleging the wrongful revocation of the license. The parties stipulated that the agreement was a license, not a lease or easement. The trial court granted the Association’s motion for summary judgment.

The appellate court affirmed. “Unlike a lease or an easement, a license is not an interest in real property; it merely gives one the authority to do a particular act on another’s land.” (citations deleted). Therefore, the revocable license was properly revoked. The court noted a “narrow exception” to the rule of revocability when two elements are present, there is permission for a particular purpose and large sums or heavy obligations for permanent improvement were expended. Because there was no substantial sum to improve the parking space the exception was not proved.

Michael J. Gelfand
Director, Real Property Division
Note: This article is not legal advice. Statements and comments made are not those of The Florida Bar or the RPPTL Section
© 2014, Michael J. Gelfand

The Real Property Probate and Trust Law Section of The Florida Bar
651 East Jefferson Street twitter Tallahassee, Florida twitter 32399-2300

twitter facebook