The appellees were charged with notice of the claim under color of title by appellants from the date of the recording of the deed from Bertha Belle Stephens O'Neal to Annie E. Stephens. They were also charged with knowledge and in fact had actual knowledge of all the adverse actions and claims which the appellants now rightfully rely upon. This case is distinguishable from the holding in Ballard v. Gilbert, Fla. 1951, 55 So.2d 723, in that the latter case turned solely on the question of the existence of the landlord and tenant relationship and the acquisition of a tax deed by the tenant. We feel the lower court was correct in sustaining the conclusions and recommendations of the Special Master with reference to Lot 6 of Block 21, Bayview Addition to St. Andrews, but we fail to see how the Chancellor, having arrived at his decision on this parcel, could reach a different conclusion as to the remainder of the property.
Despite the fact that our colleague might be "chagrined," it is legally certain that if a tenant/permissive user notifies a landlord that the tenant claims a right to the property other than by the tenancy/permissive use, a landlord's silence will redound to his detriment. See Ballard v. Gilbert, 55 So.2d 723 (Fla. 1951); Kilvert v. Clark, 152 Fla. 35, 10 So.2d 795 (1942); Armstrong v. Wilcox, 57 Fla. 30, 49 So. 41, 42 (1909); Wilkins v. Pensacola City Co., 36 Fla. 36, 18 So. 20 (1895). Finally, we wish to note our general agreement with Judge Letts' remarks post at 540, regarding Hollywood, Inc.'s recent assertion of an ability to utilize its reversionary rights to gain additional development rights for its property adjacent to Blocks 205 and C. Yet, we wish to emphasize that this issue was not before the trial court and, thus, is not properly before this court.
Then under what theory does the plaintiff claim a right to store his wallpaper in the shed? He is estopped to claim title to the shed, for the rule is firmly established in Florida that, where the relation of landlord and tenant is shown, the tenant is estopped to deny his landlord's title. See, among many other cases, Winn v. Strickland, 34 Fla. 610, 16 So. 606 (1894), Rogers v. Martin, 87 Fla. 204, 99 So. 551 (1924), Gray v. Callahan, 143 Fla. 673, 197 So. 396 (1940), and Ballard v. Gilbert, 55 So.2d 723 (Fla. 1951). In the last-cited cases the Supreme Court of Florida, in an opinion written by the late Justice Terrell, said: