Florida Statutes

Fla. Stat. § 65.021 (2025)

Real estate; removing clouds.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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65.021 Real estate; removing clouds.Chancery courts have jurisdiction of actions brought by any person or corporation, whether in actual possession or not, claiming legal or equitable title to land against any person or corporation not in actual possession, who has, appears to have or claims an adverse legal or equitable estate, interest, or claim therein to determine such estate, interest, or claim and quiet or remove clouds from the title to the land. It is no bar to relief that the title has not been litigated at law or that there is only one litigant to each side of the controversy or that the adverse claim, estate, or interest is void upon its face, or though not void on its face, requires extrinsic evidence to establish its validity.
History.s. 1, ch. 4739, 1899; GS 1950; RGS 3213; s. 1, ch. 10223, 1925; CGL 5005; s. 2, ch. 29737, 1955; s. 20, ch. 67-254.
Note.Former s. 66.11.
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1973–2024 · leading case: Erick Van Loan v. Heather Hills Prop. Owners Ass'n, Inc., 216 So. 3d 18 (Fla. 2d DCA 2016).
Erick Van Loan v. Heather Hills Prop. Owners Ass'n, Inc., 216 So. 3d 18 (Fla. 2d DCA 2016). “As we have already explained, because the declaration of amended restrictive covenants does not clearly indicate which lot owners consented to the applicability of the amended restrictive covenants and because the declaration states that the amended restrictive covenants are…”
Fid. Land Trust Co. v. Centex Home Equity Co., 903 F. Supp. 2d 1317 (M.D. Fla. 2012). “23, and quieting title vis a vis the Subject Mortgage, pursuant to Florida Statute § 65.021 (Dkt.3). In Count I, Plaintiff includes a demand that then underlying recorded mortgage (“Subject Mortgage”) be “extinguished and cancelled of record.”
Lamers v. Lamers, 277 So. 2d 582 (Fla. 4th DCA 1973). “215 ; Section 65.021, F.S.1969, F.S.A.; Section 95.”
4FLAC LLC v. Transcol, S.A. (S.D. Fla. 2021). · cites it 2× “[] The Circuit Court also possesses jurisdiction over the real property claims raised herein pursuant to § 65.021, Fla. Stat. [] Accordingly, the Plaintiff has filed this action in this Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida.”
U.S. Bancorp, etc. v. Taharra Assets 5545, Inc. (Fla. 4th DCA 2024). “2d DCA 2016); see also §§ 65.021, .061(2), Fla. Stat. (2018). The fact that Taharra asserts that its title derives from a quitclaim deed does not affect its standing to bring a quiet title action.”
Amnay v. Select Portfolio Servicing, Inc. (M.D. Fla. 2022). “Count VI seeks to quiet title to the property pursuant to section 65.021, Florida Statutes. The party seeking to quiet title must establish that party’s valid title and the invalidity of the defendant’s title.”
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