Florida Statute 95.231 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.231

95.231 Limitations where deed or will on record.—

(1) Five years after the recording of an instrument required to be executed in accordance with s. 689.01; 5 years after the recording of a power of attorney accompanying and used for an instrument required to be executed in accordance with s. 689.01; or 5 years after the probate of a will purporting to convey real property, from which it appears that the person owning the property attempted to convey, affect, or devise it, the instrument, power of attorney, or will shall be held to have its purported effect to convey, affect, or devise, the title to the real property of the person signing the instrument, as if there had been no lack of seal or seals, witness or witnesses, defect in, failure of, or absence of acknowledgment or relinquishment of dower, in the absence of fraud, adverse possession, or pending litigation. The instrument is admissible in evidence. A power of attorney validated under this subsection shall be valid only for the purpose of effectuating the instrument with which it was recorded.

(2) After 20 years from the recording of a deed or the probate of a will purporting to convey real property, no person shall assert any claim to the property against the claimants under the deed or will or their successors in title.

(3) This law is cumulative to all laws on the subject matter.

History.—ss. 1, 2, ch. 10171, 1925; CGL 4660, 4661; ss. 1-4, ch. 21790, 1943; s. 35, ch. 69-216; s. 17, ch. 74-382; s. 1, ch. 2013-234; s. 20, ch. 2019-71.

Note.—Former ss. 95.23, 95.26.

F.S. 95.231 on Google Scholar

F.S. 95.231 on Casetext

Amendments to 95.231

Arrestable Offenses / Crimes under Fla. Stat. 95.231

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.231.

Annotations, Discussions, Cases:

Cases Citing Statute 95.231

Total Results: 18

George Pettis v. Leshaun Merritt Chrisentery etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-24

Citation: 229 So. 3d 870

Snippet: by the 20-year statute of limitations in section 95.231(2), Florida Statutes. This was error. The plain

Silver Shells Corp. v. St. Maarten at Silver Shells Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2015-06-24

Citation: 169 So. 3d 197, 2015 Fla. App. LEXIS 9597, 2015 WL 3875556

Snippet: underlying claim. It also does not implicate section 95.231(2) because that statute applies “only to correct

Hardey v. Shell

Court: District Court of Appeal of Florida | Date Filed: 2014-08-13

Citation: 144 So. 3d 668, 2014 WL 3929140, 2014 Fla. App. LEXIS 12408

Snippet: the statutes of limitations in sections 95.11 and 95.231, Florida Statutes (2009). We agree and reverse

Davis v. Hinson

Court: District Court of Appeal of Florida | Date Filed: 2011-07-18

Citation: 67 So. 3d 1107, 2011 Fla. App. LEXIS 11174, 2011 WL 2752707

Snippet: authority for this proposition, the court cited section 95.231, Florida Statutes (2010). Finally, the court found

Price v. Mingo

Court: District Court of Appeal of Florida | Date Filed: 2008-11-26

Citation: 994 So. 2d 1249, 2008 Fla. App. LEXIS 17856, 2008 WL 4998775

Snippet: the present action is barred by sections 95.031, 95.231, Florida Statutes (2008). See § 712.07, Fla. Stat

Glanville v. Glanville

Court: District Court of Appeal of Florida | Date Filed: 2003-09-26

Citation: 856 So. 2d 1045, 2003 Fla. App. LEXIS 14535, 2003 WL 22213284

Snippet: time-barred. The applicable limitations statute, section 95.231, Florida Statutes, provides as follows: (1) Five

Inglis v. First Union Nat. Bank

Court: District Court of Appeal of Florida | Date Filed: 2001-09-06

Citation: 797 So. 2d 26, 2001 WL 1013571

Snippet: 20-year statute of limitations set forth in section 95.231(2), Florida Statutes. We, therefore, reverse the

Moore v. Smith-Snagg

Court: District Court of Appeal of Florida | Date Filed: 2001-08-24

Citation: 793 So. 2d 1000, 2001 WL 698013

Snippet: the twenty year statute of limitation [section 95.231(2), Fla. Stat.] applicable to recorded deeds will

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-08-14

Citation: 677 So. 2d 1366, 1996 WL 455842

Snippet: Appellant, v. STATE of Florida, Appellee. No. 95-0231. District Court of Appeal of Florida, Fourth District

Bowman v. Davies

Court: District Court of Appeal of Florida | Date Filed: 1991-10-04

Citation: 586 So. 2d 1332, 1991 Fla. App. LEXIS 13965, 1991 WL 199937

Snippet: deceased. This latter ground was based upon section 95.231, Florida Statutes (1987). The trial court eventually

Rigby v. Liles

Court: District Court of Appeal of Florida | Date Filed: 1987-04-10

Citation: 505 So. 2d 598, 12 Fla. L. Weekly 1002

Snippet: United States, 428 F.2d 1229 (Ct.Cl. 1970). Section 95.231(2), Fla. Stat. (1985), on the other hand, provides

Steigman v. Danese

Court: District Court of Appeal of Florida | Date Filed: 1987-01-13

Citation: 502 So. 2d 463, 12 Fla. L. Weekly 265

Snippet: 20-year limitation period set forth in section 95.231(2), Florida Statutes,[2] is applicable to Counts

Earp & Shriver, Inc. v. Earp

Court: District Court of Appeal of Florida | Date Filed: 1985-04-10

Citation: 466 So. 2d 1225, 10 Fla. L. Weekly 951, 1985 Fla. App. LEXIS 13414

Snippet: witnesses to the deed had been cured by section 95.-231(1), Florida Statutes (1979). At the trial, Mrs

Monroe County v. New Port Largo, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1985-04-09

Citation: 467 So. 2d 757, 10 Fla. L. Weekly 920

Snippet: parties have contested the question of whether sec. 95.231, Fla. Stat. (1981) (20 years) is the analogous

Holland v. Hattaway

Court: District Court of Appeal of Florida | Date Filed: 1983-09-22

Citation: 438 So. 2d 456, 1983 Fla. App. LEXIS 24436

Snippet: land titles and the effect of a curative act (§ 95.231(2), Fla. Stat. (1981)), the recording statute (§

Ray v. Rotella

Court: District Court of Appeal of Florida | Date Filed: 1982-12-22

Citation: 425 So. 2d 94, 1982 Fla. App. LEXIS 22000

Snippet: as the basis for limitations (see §§ 95.22 and 95.231, Fla.Stat. (1981)). Carefully worded recitals of

Yawn v. Blackwell

Court: District Court of Appeal of Florida | Date Filed: 1977-03-08

Citation: 343 So. 2d 906

Snippet: imposition is barred by Section 95.231, Florida Statutes (1975). "95.231 Limitations where deed or will

Gates v. Foley

Court: Supreme Court of Florida | Date Filed: 1971-04-07

Citation: 247 So. 2d 40

Snippet: Maryland: Deems v. Western Md. R. Co., 1967, 247 Md. 95, 231 A.2d 514 (Constitutional Law). Michigan: Montgomery