95.231
Limitations where deed or will on record.
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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.
Notes of Decisions
Cited in 17
cases, 1977–2019 · leading case: Holland v. Hattaway
Holland v. Hattaway (1983)
“Curative acts with limitations provisions (such as section 95.231, previously considered) rectify specified title defects by barring attacks on the title based on such specified defects after a stated time running from some described event.”
Rigby v. Liles (1987)
“Cases falling under § 95.231 include actions to quiet title and to establish resulting trusts, void deeds, dower interest, and defective deeds.”
Inglis v. First Union Nat. Bank (2001)
“231(2), Fla. Stat. (2000). This court has held that claims for reformation of a deed, such as appellee Colson's claim here, are subject to the twenty-year limitation period set forth in section 95.”
Mark A. Saccullo v. United States (2019)
“Here's the (very) short story: In 1998, the appellant's aging father executed a deed conveying property to a trust created for the appellant's benefit-but unfortunately, failed to procure a second witness, as Florida law requires.”
Earp & Shriver, Inc. v. Earp (1985)
“The corporation admits that subsection (2) of section 95.231 which was carried forward from section 95.”
Steigman v. Danese (1987)
“Appellants take the position that the 20-year limitation period set forth in section 95.231(2), Florida Statutes, [2] is applicable to Counts I, II, and III of the complaint.”
Silver Shells Corp. v. St. Maarten at Silver Shells Condominium Ass'n (2015)
“The fact that the remedy sought by the Association for the alleged breach was the “equitable reformation” of the Restrictive Covenants through the invalidation of the amendment does not change the nature of the underlying claim.”
Davis v. Hinson (2011)
“As authority for this proposition, the court cited section 95.231, Florida Statutes (2010). Finally, the court found Davis had encroached on 75 feet of the Hinsons’ eleven-acre parcel without obtaining their permission.”
Hardey v. Shell (2014)
“Moreover, the twenty-year limitation in section 95.231 does not bar the Hardeys’ count for declaratory relief.”
Moore v. Smith-Snagg (2001)
“In that case, Judge Cowart carefully analyzed the law and concluded that even the twenty year statute of limitation [section 95.231(2), Fla. Stat.] applicable to recorded deeds will not prevent an action to set aside a forged or wild deed.”
Yawn v. Blackwell (1977)
“The court determined that there was no genuine issue of material fact because, under the facts presented, the plaintiffs' claim was actually for the imposition of a constructive trust, which imposition is barred by Section 95.”
Alexander v. Alexander (2016)
“1985) (holding that the requisite passage of time cured an unwitnessed deed pursuant to Fla. Stat. Ann. § 95.231 ). Anduze never requested equitable relief from the Superior Court and we decline to address as part of this appeal whether reformation of the defective deed would…”
— 95.231(1) — 2 cases
Earp & Shriver, Inc. v. Earp (1985)
“The corporation admits that subsection (2) of section 95.231 which was carried forward from section 95.”
Holland v. Hattaway (1983)
“Curative acts with limitations provisions (such as section 95.231, previously considered) rectify specified title defects by barring attacks on the title based on such specified defects after a stated time running from some described event.”
— 95.231(2) — 9 cases
Holland v. Hattaway (1983)
“Curative acts with limitations provisions (such as section 95.231, previously considered) rectify specified title defects by barring attacks on the title based on such specified defects after a stated time running from some described event.”
Inglis v. First Union Nat. Bank (2001)
“231(2), Fla. Stat. (2000). This court has held that claims for reformation of a deed, such as appellee Colson's claim here, are subject to the twenty-year limitation period set forth in section 95.”
Steigman v. Danese (1987)
“Appellants take the position that the 20-year limitation period set forth in section 95.231(2), Florida Statutes, [2] is applicable to Counts I, II, and III of the complaint.”
Silver Shells Corp. v. St. Maarten at Silver Shells Condominium Ass'n (2015)
“The fact that the remedy sought by the Association for the alleged breach was the “equitable reformation” of the Restrictive Covenants through the invalidation of the amendment does not change the nature of the underlying claim.”
Rigby v. Liles (1987)
“Cases falling under § 95.231 include actions to quiet title and to establish resulting trusts, void deeds, dower interest, and defective deeds.”
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