|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 65.06165.061 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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 65.061
Total Results: 26
890 So. 2d 246, 2004 WL 2404056
Supreme Court of Florida | Filed: Oct 28, 2004 | Docket: 957248
Cited 38 times | Published
(2001) (costs in declaratory judgment actions); section 65.061, Florida Statutes (2001) (quiet title actions);
436 So. 2d 937, 1983 Fla. App. LEXIS 22763
District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 1701106
Cited 24 times | Published
denied, 138 So.2d 341 (Fla. 1961).
[18] See § 65.061(3), Fla. Stat. (1981) (as to quiet title actions)
321 So. 2d 65
Supreme Court of Florida | Filed: Apr 23, 1975 | Docket: 1256556
Cited 15 times | Published
give rise to a trial by jury," citing Fla. Stat. § 65.061 and Albury v. Drummond, 95 Fla. 265, 116 So. 236
283 So. 2d 581
District Court of Appeal of Florida | Filed: Sep 25, 1973 | Docket: 1743527
Cited 12 times | Published
in light of the language contained in, F.S., Section 65.061, F.S.A. See also Albury v. Drummond, 1928,
403 So. 2d 528
District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 1250804
Cited 11 times | Published
actual possession" as that term is used in Section 65.061, Florida Statutes (1973), and, therefore, the
226 So. 2d 123
District Court of Appeal of Florida | Filed: May 14, 1969 | Docket: 449590
Cited 10 times | Published
trial by jury pursuant to what is now Fla. Stat. § 65.061 (1967), F.S.A. The jury returned a verdict in
813 So. 2d 1057, 2002 WL 562290
District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1725750
Cited 9 times | Published
there had previously been a default. Under section 65.061(4), Florida Statutes (1999), governing quieting
533 So. 2d 869, 1988 WL 113838
District Court of Appeal of Florida | Filed: Oct 28, 1988 | Docket: 1656552
Cited 8 times | Published
brought in the county where the land lies. Section 65.061(2); Publix Super Markets v. Cheesbro Roofing
293 So. 2d 373
District Court of Appeal of Florida | Filed: Apr 5, 1974 | Docket: 1591604
Cited 5 times | Published
jury trial on its counterclaim to quiet title. Section 65.061(1), F.S. 1971, F.S.A., provides in pertinent
962 So. 2d 993, 2007 Fla. App. LEXIS 11954, 2007 WL 2212728
District Court of Appeal of Florida | Filed: Aug 3, 2007 | Docket: 188598
Cited 4 times | Published
statute specifically authorizes a trial by jury. Section 65.061(1), Florida Statutes (2003), provides in pertinent
129 So. 3d 1086, 2013 WL 5429556, 2013 Fla. App. LEXIS 15393, 38 Fla. L. Weekly Fed. D 2077
District Court of Appeal of Florida | Filed: Sep 30, 2013 | Docket: 60237286
Cited 3 times | Published
transforming them into legal actions. See e.g. § 65.061, Fla. Stat. (2013). Therefore, the circuit court
920 So. 2d 75
District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609
Cited 3 times | Published
Fla. Stat. (2004). In quiet title actions, section 65.061(2), Florida Statutes (2004), prohibits the
964 So. 2d 719, 2007 WL 1988856
District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 1264569
Cited 2 times | Published
action in circuit court to quiet title under section 65.061, Florida Statutes (2006), and for eviction
515 So. 2d 758
District Court of Appeal of Florida | Filed: Oct 14, 1987 | Docket: 1467592
Cited 2 times | Published
ejectment giving rise to a right to jury trial. § 65.061(1), Fla. Stat. (1987). The petitioners' claim
287 So. 2d 126
District Court of Appeal of Florida | Filed: Dec 18, 1973 | Docket: 1653034
Cited 2 times | Published
complaint, under Art. V, § 6(3) Fla. Const. F.S.A. and § 65.061 Fla. Stat., F.S.A.; and the complaint made a case
377 F. Supp. 2d 1259
District Court, S.D. Florida | Filed: Jul 14, 2005 | Docket: 2228947
Cited 1 times | Published
four counts: Count I is a claim, under Fla. Stat. § 65.061, to quiet title of the warehouse in favor of PWC
District Court of Appeal of Florida | Filed: Jan 24, 2024 | Docket: 68188001
Published
eliminate the improper cloud on the title.”); see
also § 65.061(2), Fla. Stat. (2018) (not mentioning how the
85 F. Supp. 3d 1319, 2014 U.S. Dist. LEXIS 181800, 2014 WL 7781199
District Court, S.D. Florida | Filed: Dec 18, 2014 | Docket: 64300399
Published
defendant’s claim is not well founded. •
Fla. Stat. § 65.061 (2014); Woodruff, 118 So.2d at 822. Since quiet
121 So. 3d 1166, 2013 WL 5302580, 2013 Fla. App. LEXIS 15067
District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234363
Published
the proper vehicle for obtaining review....”); § 65.061(2), Fla. Stat. Appellants (“the Board”) are entitled
377 F. Supp. 2d 1259, 2005 U.S. Dist. LEXIS 18462, 2005 WL 1691898
District Court, S.D. Florida | Filed: Jul 14, 2005 | Docket: 65970098
Published
four counts: Count I is a claim, under Fla. Stat. § 65.061, to quiet title of the warehouse in favor of PWC
661 So. 2d 361, 1995 Fla. App. LEXIS 10589, 1995 WL 595794
District Court of Appeal of Florida | Filed: Oct 10, 1995 | Docket: 64759231
Published
ejectment giving rise to a right to jury trial. § 65.061(1), Fla.Stat. (1987).” Department of Natural Resources
570 So. 2d 1378, 1990 Fla. App. LEXIS 9287, 1990 WL 198461
District Court of Appeal of Florida | Filed: Dec 12, 1990 | Docket: 64654903
Published
2. As to the quiet title count, pursuant to section 65.061(2), Florida Statutes (1987), Defendant, Martin
507 So. 2d 717, 12 Fla. L. Weekly 1270, 1987 Fla. App. LEXIS 8286
District Court of Appeal of Florida | Filed: May 19, 1987 | Docket: 64627341
Published
involving the land in question is Gulf County. See Section 65.061(2) and Board of Trustees of the Internal Improvement
485 So. 2d 28, 11 Fla. L. Weekly 674, 1986 Fla. App. LEXIS 6879
District Court of Appeal of Florida | Filed: Mar 18, 1986 | Docket: 64618066
Published
participation, which he asserts was error.
Section 65.061(2), Florida Statutes (1985), concerning quiet
354 So. 2d 142, 1978 Fla. App. LEXIS 15089
District Court of Appeal of Florida | Filed: Jan 27, 1978 | Docket: 64562397
Published
sufficiently complied with the requirements of F.S. 65.061 and that Baltzell v. McKinnon, 57 Fla. 355, 49
217 So. 2d 590
District Court of Appeal of Florida | Filed: Jan 15, 1969 | Docket: 64507933
Published
1965, Section 66.16, F.S.A. (now F.S.1967, Section 65.061(1), F.S.A.)
REED and OWEN, JJ., and DOWNEY
