Fla. Stat. § 712.001
Short title
This chapter may be cited as the “Marketable Record Title Act.”
Florida Statutes Chapter 712 — MARKETABLE RECORD TITLES TO REAL PROPERTY
Florida · statute · Fla. Stat. ch. 712 · 15 active provisions
Provisions
Fla. Stat. § 712.01
Definitions
As used in this chapter, the term:(1) “Community covenant or restriction” means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which:(a) Subjects the parcel to any use restriction that may be enforced by a property owners’ association; or(b)…
Fla. Stat. § 712.02
Marketable record title; suspension of applicability
Any person having the legal capacity to own land in this state, who, alone or together with her or his predecessors in title, has been vested with any estate in land of record for 30 years or more, shall have a marketable record title to such estate in said land, which shall be free and clear of all claims except the m…
Fla. Stat. § 712.03
Exceptions to marketability
Such marketable record title shall not affect or extinguish the following rights:(1) Estates or interests, easements and use restrictions disclosed by and defects inherent in the muniments of title on which said estate is based beginning with the root of title, provided that in the muniments of title those estates, int…
Fla. Stat. § 712.04
Interests extinguished by marketable record title
Subject to s. 712.03, a marketable record title is free and clear of all estates, interests, claims, covenants, restrictions, or charges, the existence of which depends upon any act, title transaction, event, zoning requirement, building or development permit, or omission that occurred before the effective date of the…
Fla. Stat. § 712.05
Effect of filing notice
(1) A person claiming an interest in land or other right subject to extinguishment under this chapter may preserve and protect such interest or right from extinguishment by the operation of this chapter by filing for record, at any time during the 30-year period immediately following the effective date of the root of t…
Fla. Stat. § 712.06
Contents of notice; recording and indexing
(1) To be effective, the notice referred to in s. 712.05, other than the summary notice and the amendment referred to in s. 712.05(2)(b), must contain:(a) The name or description and mailing address of the claimant or the property owners’ association desiring to preserve any covenant or restriction.(b) The name and mai…
Fla. Stat. § 712.065
Extinguishment of discriminatory restrictions
(1) As used in this section, the term “discriminatory restriction” means a provision in a title transaction recorded in this state which restricts the ownership, occupancy, or use of any real property in this state by any natural person on the basis of a characteristic that has been held, or is held after September 4,…
Fla. Stat. § 712.07
Limitations of actions and recording acts
Nothing contained in this law shall be construed to extend the period for the bringing of an action or for the doing of any other act required under any statute of limitations or to affect the operation of any statute governing the effect of the recording or the failure to record any instrument affecting land. This law…
Fla. Stat. § 712.08
Filing false claim
No person shall use the privilege of filing notices hereunder for the purpose of asserting false or fictitious claims to land; and in any action relating thereto if the court shall find that any person has filed a false or fictitious claim, the court may award to the prevailing party all costs incurred by her or him in…
Fla. Stat. § 712.09
Extension of 30-year period
If the 30-year period for filing notice under s. 712.05 shall have expired prior to July 1, 1965, such period shall be extended to July 1, 1965.
Fla. Stat. § 712.095
Notice required by July 1, 1983
Any person whose interest in land is derived from an instrument or court proceeding recorded subsequent to the root of title, which instrument or proceeding did not contain a description of the land as specified by s. 712.01(7), and whose interest had not been extinguished prior to July 1, 1981, shall have until July 1…
Fla. Stat. § 712.10
Law to be liberally construed
This law shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record title as described in s. 712.02 subject only to such limitations as appear in s. 712.03.
Fla. Stat. § 712.11
Covenant revitalization
A property owners’ association not otherwise subject to chapter 720 may use the procedures set forth in ss. 720.403-720.407 to revive covenants that have lapsed under the terms of this chapter.
Fla. Stat. § 712.12
Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association
(1) As used in this section, the term:(a) “Community” means the real property that is subject to a covenant or restriction that is recorded in the county where the property is located.(b) “Covenant or restriction” means any agreement or limitation contained in a document recorded in the public records of the county in…