Florida Statute 95.231 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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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.

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Amendments to 95.231

Annotations, Discussions, Cases:

Cases Citing Statute 95.231

Total Results: 16

Rigby v. Liles

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

District Court of Appeal of Florida | Filed: Apr 10, 1987 | Docket: 1455104

Cited 18 times | Published

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

Steigman v. Danese

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

District Court of Appeal of Florida | Filed: Jan 13, 1987 | Docket: 1657581

Cited 14 times | Published

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

Holland v. Hattaway

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

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1731842

Cited 11 times | Published

was barred by the "statute of limitations," section 95.231(2), Florida Statutes (1981), which reads in

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

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

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 60248868

Cited 10 times | Published

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

Moore v. Smith-Snagg

793 So. 2d 1000, 2001 WL 698013

District Court of Appeal of Florida | Filed: Aug 24, 2001 | Docket: 1266904

Cited 7 times | Published

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

Yawn v. Blackwell

343 So. 2d 906

District Court of Appeal of Florida | Filed: Mar 8, 1977 | Docket: 1304361

Cited 6 times | Published

constructive trust, which imposition is barred by Section 95.231, Florida Statutes (1975). "95.231 Limitations

Inglis v. First Union Nat. Bank

797 So. 2d 26, 2001 WL 1013571

District Court of Appeal of Florida | Filed: Sep 6, 2001 | Docket: 1359687

Cited 2 times | Published

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

Mark A. Saccullo v. United States

913 F.3d 1010

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 2019 | Docket: 8492481

Cited 1 times | Published

issue in this case is whether Fla. Stat. § 95.231 , which operates to cure certain defective

Davis v. Hinson

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

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60301931

Cited 1 times | Published

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

Padron Warehouse v. Realty Associates Fund III

377 F. Supp. 2d 1259

District Court, S.D. Florida | Filed: Jul 14, 2005 | Docket: 2228947

Cited 1 times | Published

20-year statute of limitations, see Fla. Stat. § 95.231 (quiet title), or a seven-year statute of limitations

George Pettis v. Leshaun Merritt Chrisentery etc.

229 So. 3d 870

District Court of Appeal of Florida | Filed: Oct 24, 2017 | Docket: 6182904

Published

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

Hardey v. Shell

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

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 935068

Published

to the twenty[-]year restriction under Florida Statute 95.231[,] this cause of action is also barred

Padron Warehouse Corp. v. Realty Associates Fund III, L.P.

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

20-year statute of limitations, see Fla. Stat. § 95.231 (quiet title), or a seven-year statute of limitations

Glanville v. Glanville

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

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 64825800

Published

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

Bowman v. Davies

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

District Court of Appeal of Florida | Filed: Oct 4, 1991 | Docket: 64662147

Published

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

Earp & Shriver, Inc. v. Earp

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

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 64611185

Published

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 95 in the context of civil statutes of limitations and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.