Florida Statute 71.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 71
REESTABLISHMENT OF DOCUMENTS

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F.S. 71.041

71.041 Reestablishment of land titles destroyed by fire.—

(1) JURISDICTION.—When the records in any county or any material part thereof have been destroyed by fire so that a connected chain of title cannot be deduced therefrom, the chancery court in the county has jurisdiction to inquire into the condition of any title to or interest in any land in the county and to determine and establish the title against all persons known or unknown.

(2) PLAINTIFF.—Any person claiming a freehold estate in any land in the county who, or whose grantors, were in the actual possession of the land at the time of destruction of the records and who is in possession thereof at the time of filing the complaint may file a complaint to establish and confirm his or her title to an estate in such land. Tenants in common or persons owning as aforesaid an undivided interest in the lands may join in the action.

(3) COMPLAINT.—The complaint shall state the description of the lands, the character and extent of the estate claimed by the plaintiff, from whom and when and by what mode the plaintiff derived the title, the names of all persons owning or claiming any estate or possessory interest in the lands or any part thereof, all persons who are in possession of the lands or any part thereof, all persons to whom any of the lands have been conveyed, and the date or dates that the conveyances were recorded since the time of the destruction of the records and before the filing of the complaint and if no such persons are known to plaintiff, he or she shall so state.

(4) DETERMINATION OF TITLES, ETC.—The court may determine in whom the title to any land described in the complaint is vested, whether plaintiff or any other party, but the judgment shall not affect any lien to which the land is subject, but shall leave all liens to be ascertained or established or enforced as is provided by law.

History.—ss. 1, 2, 3, 7, ch. 4952, 1901; GS 1987-1989, 1994; RGS 3255-3257, 3262; CGL 5063-5065, 5070; s. 24, ch. 67-254; s. 357, ch. 95-147.

Note.—Former ss. 71.14, 71.15, 71.17, 71.21.

F.S. 71.041 on Google Scholar

F.S. 71.041 on Casetext

Amendments to 71.041

Arrestable Offenses / Crimes under Fla. Stat. 71.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 71.041.

Annotations, Discussions, Cases:

Cases Citing Statute 71.041

Total Results: 10

Allstate Fire & Casualty Insurance Co. v. Hallandale Open MRI, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

Citation: 208 So. 3d 741, 2016 Fla. App. LEXIS 14502

Snippet: Allstate Fire & Cas. Ins. Co., 201 So.3d 169, 170-71, 41 Fla. L. Weekly D1619, D1620, 2016 WL 3746527 (Fla

State v. McSwain

Court: District Court of Appeal of Florida | Date Filed: 1983-11-09

Citation: 440 So. 2d 502, 1983 Fla. App. LEXIS 24126

Snippet: Ed. 511 (1956); Arndstein v. McCarthy, 254 U.S. 71, 41 S.Ct. 26, 65 L.Ed. 138 (1920); Counselman v. Hitchcock

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-07-08

Snippet: enforcing the state's criminal laws. See generally, AGO 71-41 (municipal police officer, like sheriff, is a peace

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-08-24

Snippet: privilege was in full force and effect. Cf. AGO 071-41. In AGO 071-41 this office, citing Dixon v. State, 132

City of St. Petersburg v. Reed

Court: District Court of Appeal of Florida | Date Filed: 1976-03-24

Citation: 330 So. 2d 256

Snippet: considered in an opinion of the Attorney General, 071-41. The opinion held that such regulation would be

Chastain v. Civil Service Board

Court: District Court of Appeal of Florida | Date Filed: 1976-02-20

Citation: 327 So. 2d 230, 1976 Fla. App. LEXIS 14672

Snippet: appellant relies upon Attorney General's *232 Opinion 071-41 (March 22, 1971) opining that (1) a police officer

Thornton v. Bretan

Court: District Court of Appeal of Florida | Date Filed: 1971-11-02

Citation: 259 So. 2d 760, 1971 Fla. App. LEXIS 5314

Snippet: PER CURIAM. Appellant, Marie Thornton, seeks review of a determination of the trial court finding certain real property of George E. Thornton, deceased, to have been homestead property. George E. Thornton died estate. His will provided that his entire estate was to go to his wife, the appellant, with the exception of a $10.00 bequest to his daughter, Mary Geneva Reigner. At the time of his death, George E. Thornton was seized of a 2.64 acre piece of real property located in the unincorporated area

Whealton v. Whealton

Court: District Court of Appeal of Florida | Date Filed: 1971-10-15

Citation: 253 So. 2d 507, 1971 Fla. App. LEXIS 7739

Snippet: PER CURIAM. Affirmed.

Williamson v. Williamson

Court: District Court of Appeal of Florida | Date Filed: 1971-07-21

Citation: 253 So. 2d 750, 1971 Fla. App. LEXIS 7754

Snippet: PER CURIAM. Affirmed.

State Ex Rel. Harrell v. Cone

Court: Supreme Court of Florida | Date Filed: 1937-10-06

Citation: 177 So. 854, 130 Fla. 158

Snippet: Liberty ................... 4,317.71 41.92 Santa Rosa ................