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: Fla. Dist. Ct. App. | Date Filed: 2017-10-24T00:00:00-07:00

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…Pettis’ reformation claim is not barred by section 95.231(2). See Moyer v. Clark, 72 So.2d 905, 907-08 (Fla… section 95.23 was later transferred to section 95.231(2), Florida Statutes. See ch, 74-382, § 17, at

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-24T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-08-13T00:00:00-07:00

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 …precluded from proceeding pursuant to Florida Statutes 95.231 and 95.11. The Court finds that the same issue …twenty[-]year restriction under Florida Statute 95.231[,] this cause of action is also barred. In…Moreover, the twenty-year limitation in section 95.231 does not bar the Hardeys’ count for declaratory…So.3d 1107, 1111-12 (Fla. 1st DCA 2011). Section 95.231(2) “cannot validate conveyances made by persons

Davis v. Hinson

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-18T00:00:00-07:00

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…does not correct its omission. Nor does section 95.231(2), Florida Statutes (2010), cure the deed’s defects…misjudged this provision’s intended effect. Section 95.231(2) is a curative provision. However, its curative…existed before. Id. Here, it seems that section 95.231(2) could cure the deed’s failure to adequately … of title. To find otherwise would mean section 95.231(2) could validate titles in every case where property

Price v. Mingo

Court: Fla. Dist. Ct. App. | Date Filed: 2008-11-26T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2003-09-26T00:00:00-07:00

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….2d 858 (Fla.1962), Appellee argues that section 95.231 does not apply to a "void” deed. We decline

Inglis v. First Union Nat. Bank

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-06T00:53:00-07:00

Citation: 797 So. 2d 26

Snippet: year statute of limitations set forth in section 95.231(2), Florida Statutes. We, therefore, reverse the…of Duval County in 1975. The version of section 95.231(2), Florida Statutes, in effect at the time of …the deed or will or their successors in title. § 95.231(2), Fla. Stat. (1975). The language of this statute…over the years and remains the same today. See § 95.231(2), Fla. Stat. (2000). This court has held that…twenty-year limitation period set forth in section 95.231, Florida Statutes. See Rigby v. Liles, 505 So.2d

Moore v. Smith-Snagg

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-24T00:53:00-07:00

Citation: 793 So. 2d 1000

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

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-14T00:53:00-07:00

Citation: 677 So. 2d 1366

Snippet: Appellant, v. STATE of Florida, Appellee. No. 95-0231. District Court of Appeal of Florida, Fourth District…), the predecessor to section 39.059. 95-0231 District Court of Appeal of Florida fladistctapp

Bowman v. Davies

Court: Fla. Dist. Ct. App. | Date Filed: 1991-10-04T00:00:00-07:00

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…Hattaway, 438 So.2d 456 (Fla. 5th DCA 1983) (section 95.231 is a curative statute not a traditional statute… upon section 95.23, the predecessor to section 95.231. The sufficiency of the allegations of a complaint

Rigby v. Liles

Court: Fla. Dist. Ct. App. | Date Filed: 1987-04-10T00:00:00-07:00

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…will or their successors in title." Section 95.231 is not a traditional statute of limitation but …their recording. Id. at 461. Cases falling under § 95.231 include actions to quiet title and to establish…subject to the twenty year limitation period in § 95.231. Accordingly, we conclude that the trial court

Steigman v. Danese

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-12T23:53:00-08:00

Citation: 502 So. 2d 463

Snippet: 20-year limitation period set forth in section 95.231(2), Florida Statutes,[2] is applicable to Counts…Florida Supreme Court, Case No. 69,169. [2] s. 95.231(2), Fla. Stat. (1983), provides: (2) After 20

Earp & Shriver, Inc. v. Earp

Court: Fla. Dist. Ct. App. | Date Filed: 1985-04-10T00:00:00-08:00

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

Snippet: corporation had waived reliance on section 95.231(1). Section 95.231(1), Florida Statutes (1979), which first…witnesses to the deed had been cured by section 95.-231(1), Florida Statutes (1979). At the trial, Mrs.…focus much of their attention on whether section 95.231(1) is a statute of limitations which must be pleaded…corporation admits that subsection (2) of section 95.231 which was carried forward from section 95.23, Florida…passage of time. One court has characterized section 95.231 as a curative act with a limitation provision.

Monroe County v. New Port Largo, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-04-08T23:53:00-08:00

Citation: 467 So. 2d 757

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

Holland v. Hattaway

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-22T00:53:00-07:00

Citation: 438 So. 2d 456

Snippet: including the appellees). Section 95.231(2) must be read with section 95.231(1), of which it is a part, and…land titles and the effect of a curative act (§ 95.231(2), Fla. Stat. (1981)), the recording statute (…action was barred by the statute of limitations (§ 95.231(2), Fla. Stat. (1981)); (2) appellees had a marketable…the "statute of limitations," section 95.231(2), Florida Statutes (1981), which reads in part…deed has defects in its form or execution, section 95.231(2), Florida Statutes (1981), would, after the applicable

Ray v. Rotella

Court: Fla. Dist. Ct. App. | Date Filed: 1982-12-22T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1977-03-07T23:53:00-08:00

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: Fla. | Date Filed: 1971-04-06T23:53:00-08:00

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