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Florida Statute 65.061 | Lawyer Caselaw & Research
F.S. 65.061 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 65
QUIETING TITLE
View Entire Chapter
F.S. 65.061
65.061 Quieting title; additional remedy.
(1) JURISDICTION.Chancery courts have jurisdiction of actions by any person or corporation claiming legal or equitable title to any land, or part thereof, or when any two or more persons claim to own the same land, or any part thereof under a common title against all persons or corporations claiming title to or occupying the land adversely to plaintiff, whether defendants claim or hold under a common title or not, and shall determine the title of plaintiff and may enter judgment quieting the title and awarding possession to the party entitled thereto, but if any defendant is in actual possession of any part of the land, a trial by jury may be demanded by any party, whereupon the court shall order an issue in ejectment as to such lands to be made and tried by a jury. Provision for trial by jury does not affect the action on any lands that are not claimed to be in the actual possession of any defendant. The court may enter final judgment without awaiting the determination of the ejectment action.
(2) GROUNDS.When a person or corporation not the rightful owner of land has any conveyance or other evidence of title thereto, or asserts any claim, or pretends to have any right or title thereto, which may cast a cloud on the title of the real owner, or when any person or corporation is the true and equitable owner of land the record title to which is not in the person or corporation because of the defective execution of any deed or mortgage because of the omission of a seal thereon, the lack of witnesses, or any defect or omission in the wording of the acknowledgment of a party or parties thereto, when the person or corporation claims title thereto by the defective instrument and the defective instrument was apparently made and delivered by the grantor to convey or mortgage the real estate and was recorded in the county where the land lies, or when possession of the land has been held by any person or corporation adverse to the record owner thereof or his or her heirs and assigns until such adverse possession has ripened into a good title under the statutes of this state, such person or corporation may file complaint in any county in which any part of the land is situated to have the conveyance or other evidence of claim or title canceled and the cloud removed from the title and to have his or her title quieted, whether such real owner is in possession or not or is threatened to be disturbed in his or her possession or not, and whether defendant is a resident of this state or not, and whether the title has been litigated at law or not, and whether the adverse claim or title or interest is void on its face or not, or if not void on its face that it may require extrinsic evidence to establish its validity. A guardian ad litem shall not be appointed unless it shall affirmatively appear that the interest of minors, persons of unsound mind, or convicts are involved.
(3) DERAIGNMENT OF TITLE.The plaintiff shall deraign his or her title from the original source or for a period of at least 7 years before filing the complaint unless the court otherwise directs, setting forth the book and page of the records where any instrument affecting the title is recorded, if it is recorded, unless plaintiff claims from a common source with defendant.
(4) JUDGMENT.If it appears that plaintiff has legal title to the land or is the equitable owner thereof based on one or more of the grounds mentioned in subsection (2), or if a default is entered against defendant (in which case no evidence need be taken), the court shall enter judgment removing the alleged cloud from the title to the land and forever quieting the title in plaintiff and those claiming under him or her since the commencement of the action and adjudging plaintiff to have a good fee simple title to said land or the interest thereby cleared of cloud.
(5) RECORDING FINAL JUDGMENTS.All final judgments may be recorded in the county or counties in which the land is situated and operate to vest title in like manner as though a conveyance were executed by a special magistrate or commissioner.
(6) OPERATION.This section is cumulative to other existing remedies.
History.ss. 1, 2, 5, 6, 8, 9, ch. 11383, 1925; CGL 5010, 5011, 5014, 5015, 5017, 5018; s. 1, ch. 24293, 1947; s. 2, ch. 29737, 1955; s. 20, ch. 67-254; s. 1, ch. 70-278; s. 346, ch. 95-147; s. 56, ch. 2004-11.
Note.Former ss. 66.16, 66.17, 66.20, 66.21, 66.23, 66.24.

F.S. 65.061 on Google Scholar

F.S. 65.061 on Casetext

Amendments to 65.061


Arrestable Offenses / Crimes under Fla. Stat. 65.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 65.061.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HELMAN, v. UDREN LAW OFFICES, P. C. a LLC, a, 85 F. Supp. 3d 1319 (S.D. Fla. 2014)

. . . . § 65.061 (2014); Woodruff, 118 So.2d at 822. . . . Pursuant to section 65.061(3), Florida Statutes, the plaintiff must also deraign title for a period of . . .

WANE, v. LOAN CORPORATION, N. A. FSB,, 552 F. App'x 908 (11th Cir. 2014)

. . . . § 65.061(2). . . . Id. § 65.061(4). . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. WALTON COUNTY, N., 121 So. 3d 1166 (Fla. Dist. Ct. App. 2013)

. . . .”); § 65.061(2), Fla. Stat. . . .

YER GIRL TERA MIA, v. WIMBERLY, Jr., 962 So. 2d 993 (Fla. Dist. Ct. App. 2007)

. . . Section 65.061(1), Florida Statutes (2003), provides in pertinent part that: ... . . .

JOHNSON, v. L. YOUNG,, 964 So. 2d 719 (Fla. Dist. Ct. App. 2007)

. . . Johnson then filed the present action in circuit court to quiet title under section 65.061, Florida Statutes . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. PETERSEN Dr. M., 920 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . In quiet title actions, section 65.061(2), Florida Statutes (2004), prohibits the appointment of a guardian . . .

PADRON WAREHOUSE CORP. a v. THE REALTY ASSOCIATES FUND III, L. P. III, a J., 377 F. Supp. 2d 1259 (S.D. Fla. 2005)

. . . . § 65.061, to quiet title of the warehouse in favor of PWC and to transfer possession of the warehouse . . .

G. PRICE, v. L. TYLER,, 890 So. 2d 246 (Fla. 2004)

. . . this action, section 86.081, Florida Statutes (2001) (costs in declaratory judgment actions); section 65.061 . . . Section 65.061 of the Florida Statutes governs quiet title actions. See § 65.061, Fla. . . . Pursuant to section 65.061 of the Florida Statutes, the court had jurisdiction to “enter judgment quieting . . . the title and awarding possession to the party entitled thereto.” § 65.061(1), Fla. . . . Section 65.061 does not authorize the award of damages and attorneys’ fees, and therefore the Prices . . .

HINTON v. A. GOLD, N. N., 813 So. 2d 1057 (Fla. Dist. Ct. App. 2002)

. . . Under section 65.061(4), Florida Statutes (1999), governing quieting title following a default, the court . . . Section 65.061(4) states, in relevant part, if a default is entered against defendant (in which case . . . removing the alleged cloud from the title to the land and forever quieting title in plaintiff.... § 65.061 . . .

LANDON, v. G. RALLS,, 661 So. 2d 361 (Fla. Dist. Ct. App. 1995)

. . . . § 65.061(1), Fla.Stat. (1987).” Department of Natural Resources v. . . .

MARTIN COUNTY, v. W. JOHNSON,, 570 So. 2d 1378 (Fla. Dist. Ct. App. 1990)

. . . As to the quiet title count, pursuant to section 65.061(2), Florida Statutes (1987), Defendant, Martin . . .

JOHNSON v. MARTIN COUNTY, 39 Fla. Supp. 2d 191 (Fla. Cir. Ct. 1989)

. . . As to the quiet title count, pursuant to section 65.061(2), Florida Statutes (1987), Defendant, Martin . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. ANTIOCH UNIVERSITY, f k a,, 533 So. 2d 869 (Fla. Dist. Ct. App. 1988)

. . . Section 65.061(2); Publix Super Markets v. . . .

STATE DEPARTMENT OF NATURAL RESOURCES v. ESTECH, INC. a STATE DEPARTMENT OF NATURAL RESOURCES v. AMERICAN CYANAMID CO. a STATE DEPARTMENT OF NATURAL RESOURCES v. MOBIL OIL CORP., 515 So. 2d 758 (Fla. Dist. Ct. App. 1987)

. . . . § 65.061(1), Fla.Stat. (1987). . . .

ST. JOE PAPER COMPANY, a St. a a v. FLORIDA DEPARTMENT OF NATURAL RESOURCES,, 507 So. 2d 717 (Fla. Dist. Ct. App. 1987)

. . . See Section 65.061(2) and Board of Trustees of the Internal Improvement Trust Fund v. . . .

W. PRYOR, v. J. R. KING,, 485 So. 2d 28 (Fla. Dist. Ct. App. 1986)

. . . Section 65.061(2), Florida Statutes (1985), concerning quiet title actions, provides that “a guardian . . .

CRIGGER v. FLORIDA POWER CORPORATION,, 436 So. 2d 937 (Fla. Dist. Ct. App. 1983)

. . . McNeely, 125 So.2d 311 (Fla. 2d DCA 1960), cert. denied, 138 So.2d 341 (Fla.1961). .See § 65.061(3), . . .

HOLLYWOOD, INC. v. G. ZINKIL, Sr., 403 So. 2d 528 (Fla. Dist. Ct. App. 1981)

. . . concomitant presence of adverse possession, prescriptive rights, adverse user, quieting title under Chapter 65.061 . . . Court reasoned that the city was a “defendant in actual possession” as that term is used in Section 65.061 . . .

BENNER v. E. ROYCE G., 354 So. 2d 142 (Fla. Dist. Ct. App. 1978)

. . . examination of the record reveals that the plaintiffs sufficiently complied with the requirements of F.S. 65.061 . . .

HOLLYWOOD, INC. a v. CITY OF HOLLYWOOD, a, 321 So. 2d 65 (Fla. 1975)

. . . . § 65.061 and Albury v. Drummond, 95 Fla. 265, 116 So. 236 (1928). . . . jury trial on the issues of dedication and right to possession of the property, based on Fla.Stat. 65.061 . . . Respondent’s claim to a right to a trial by jury is based on Fla.Stat. 65.061, which reads in pertinent . . . part as follows: “65.061. . . . half a century, exercising exclusive domain and control thereover, thus meeting both tests of F.S. 65.061 . . .

WESTVIEW COMMUNITY CEMETERY OF POMPANO BEACH, a v. T. LEWIS,, 293 So. 2d 373 (Fla. Dist. Ct. App. 1974)

. . . Section 65.061(1), F.S.1971, F.S.A., provides in pertinent part: “ . . .if any defendant is in actual . . .

STATE BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. PINETA COMPANY, a FLORIDA STATE BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. K. JOHNSON, FLORIDA STATE BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. WAKULLA SILVER SPRINGS COMPANY, a, 287 So. 2d 126 (Fla. Dist. Ct. App. 1973)

. . . F.S.A. and § 65.061 Fla.Stat., F.S.A.; and the complaint made a case for declaratory judgment, for determination . . .

CITY OF HOLLYWOOD, a v. G. ZINKIL, Sr. a, 283 So. 2d 581 (Fla. Dist. Ct. App. 1973)

. . . and rejected the City’s claim for a jury trial in light of the language contained in, F.S., Section 65.061 . . .

WILSON v. B. KELLEY, 226 So. 2d 123 (Fla. Dist. Ct. App. 1969)

. . . . § 65.061 (1967), F.S.A. . . .

HANSEN J. D. L. K. Jr. W. B. C. v. R. FITZHUGH, 217 So. 2d 590 (Fla. Dist. Ct. App. 1969)

. . . (now F.S.1967, Section 65.061(1), F.S.A.) . . .