712.001 – Short Title.

712.001 Short title.—This chapter may be cited as the “Marketable Record Title Act.” History.—s. 1, ch. 2018-55.

712.01 – Definitions.

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) Authorizes a property […]

712.02 – Marketable Record Title; Suspension of Applicability.

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, […]

712.03 – Exceptions to Marketability.

712.03 Exceptions to marketability.—Such marketable record title shall not affect or extinguish the following rights: 1(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, interests, easements, or […]

712.04 – Interests Extinguished by Marketable Record Title.

1712.04 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 root of […]

712.05 – Effect of Filing Notice.

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 […]

712.06 – Contents of Notice; Recording and Indexing.

1712.06 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 […]

712.065 – Extinguishment of Discriminatory Restrictions.

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 […]

712.07 – Limitations of Actions and Recording Acts.

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 […]

712.08 – Filing False Claim.

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 […]

712.09 – Extension of 30-Year Period.

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. History.—s. 9, ch. 63-133.

712.095 – Notice Required by July 1, 1983.

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, […]

712.10 – Law to Be Liberally Construed.

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. History.—s. 10, ch. 63-133.

712.11 – Covenant Revitalization.

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. History.—s. 1, ch. 2007-173; s. 5, ch. 2018-55.

712.12 – Covenant or Restriction Revitalization by Parcel Owners Not Subject to a Homeowners’ Association.

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. 1(b) “Covenant or restriction” means any agreement or limitation contained in a […]