Florida Statute 65.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 65
QUIETING TITLE

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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.

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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 Citing Statute 65.061

Total Results: 20

U.S. Bancorp, etc. v. Taharra Assets 5545, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-01-24

Snippet: the improper cloud on the title.”); see also § 65.061(2), Fla. Stat. (2018) (not mentioning how the owner’s

Musa v. Wells Fargo Delaware Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-31

Citation: 181 So. 3d 1275, 2015 Fla. App. LEXIS 19559, 2015 WL 9584864

Snippet: default judgment against Metropolitan. Id. at 564-65, 61 S.Ct. 715. Applying 28 U.S.C. § 71 (a companion

Millennium Diagnostic Imaging Center, Inc. v. State Farm Mutual Automobile Insurance

Court: District Court of Appeal of Florida | Date Filed: 2013-09-30

Citation: 129 So. 3d 1086, 2013 WL 5429556, 2013 Fla. App. LEXIS 15393

Snippet: transforming them into legal actions. See e.g. § 65.061, Fla. Stat. (2013). Therefore, the circuit court

Board of Trustees v. Walton County

Court: District Court of Appeal of Florida | Date Filed: 2013-09-23

Citation: 121 So. 3d 1166, 2013 WL 5302580, 2013 Fla. App. LEXIS 15067

Snippet: the proper vehicle for obtaining review....”); § 65.061(2), Fla. Stat. Appellants (“the Board”) are entitled

Yer Girl Tera Mia v. Wimberly

Court: District Court of Appeal of Florida | Date Filed: 2007-08-03

Citation: 962 So. 2d 993, 2007 Fla. App. LEXIS 11954, 2007 WL 2212728

Snippet: specifically authorizes a trial by jury. Section 65.061(1), Florida Statutes (2003), provides in pertinent

Johnson v. Young

Court: District Court of Appeal of Florida | Date Filed: 2007-07-11

Citation: 964 So. 2d 719, 2007 WL 1988856

Snippet: action in circuit court to quiet title under section 65.061, Florida Statutes (2006), and for eviction. Johnson

TMRMC v. Petersen

Court: District Court of Appeal of Florida | Date Filed: 2006-01-17

Citation: 920 So. 2d 75

Snippet: Stat. (2004). In quiet title actions, section 65.061(2), Florida Statutes (2004), prohibits the appointment

Price v. Tyler

Court: Supreme Court of Florida | Date Filed: 2004-10-28

Citation: 890 So. 2d 246, 2004 WL 2404056

Snippet: (costs in declaratory judgment actions); section 65.061, Florida Statutes (2001) (quiet title actions);

Hinton v. Gold

Court: District Court of Appeal of Florida | Date Filed: 2002-04-17

Citation: 813 So. 2d 1057, 2002 WL 562290

Snippet: there had previously been a default. Under section 65.061(4), Florida Statutes (1999), governing quieting

Landon v. Ralls

Court: District Court of Appeal of Florida | Date Filed: 1995-10-10

Citation: 661 So. 2d 361, 1995 Fla. App. LEXIS 10589, 1995 WL 595794

Snippet: ejectment giving rise to a right to jury trial. § 65.061(1), Fla.Stat. (1987).” Department of Natural Resources

Martin County v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 1990-12-12

Citation: 570 So. 2d 1378, 1990 Fla. App. LEXIS 9287, 1990 WL 198461

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

STATE, DNR v. Antioch University

Court: District Court of Appeal of Florida | Date Filed: 1988-10-28

Citation: 533 So. 2d 869

Snippet: brought in the county where the land lies. Section 65.061(2); Publix Super Markets v. Cheesbro Roofing Co

STATE, DEPT. OF NAT. RES. v. Estech, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-10-14

Citation: 515 So. 2d 758

Snippet: ejectment giving rise to a right to jury trial. § 65.061(1), Fla. Stat. (1987). The petitioners' claim to

St. Joe Paper Co. v. Florida Department of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1987-05-19

Citation: 507 So. 2d 717, 12 Fla. L. Weekly 1270, 1987 Fla. App. LEXIS 8286

Snippet: the land in question is Gulf County. See Section 65.061(2) and Board of Trustees of the Internal Improvement

Pryor v. King

Court: District Court of Appeal of Florida | Date Filed: 1986-03-18

Citation: 485 So. 2d 28, 11 Fla. L. Weekly 674, 1986 Fla. App. LEXIS 6879

Snippet: participation, which he asserts was error. Section 65.061(2), Florida Statutes (1985), concerning quiet title

Crigger v. Florida Power Corp.

Court: District Court of Appeal of Florida | Date Filed: 1983-06-30

Citation: 436 So. 2d 937, 1983 Fla. App. LEXIS 22763

Snippet: denied, 138 So.2d 341 (Fla. 1961). [18] See § 65.061(3), Fla. Stat. (1981) (as to quiet title actions)

Hollywood, Inc. v. Zinkil

Court: District Court of Appeal of Florida | Date Filed: 1981-09-02

Citation: 403 So. 2d 528

Snippet: actual possession" as that term is used in Section 65.061, Florida Statutes (1973), and, therefore, the city

Benner v. Royce

Court: District Court of Appeal of Florida | Date Filed: 1978-01-27

Citation: 354 So. 2d 142, 1978 Fla. App. LEXIS 15089

Snippet: sufficiently complied with the requirements of F.S. 65.061 and that Baltzell v. McKinnon, 57 Fla. 355, 49

Hollywood, Inc. v. City of Hollywood

Court: Supreme Court of Florida | Date Filed: 1975-04-23

Citation: 321 So. 2d 65

Snippet: give rise to a trial by jury," citing Fla. Stat. § 65.061 and Albury v. Drummond, 95 Fla. 265, 116 So. 236

WESTVIEW COMMUN. CEM. OF POMPANO BEACH v. Lewis

Court: District Court of Appeal of Florida | Date Filed: 1974-04-05

Citation: 293 So. 2d 373

Snippet: trial on its counterclaim to quiet title. Section 65.061(1), F.S. 1971, F.S.A., provides in pertinent part: