Florida Statute 689.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.01

689.01 How real estate conveyed.—

(1) No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in, or out of any messuages, lands, tenements, or hereditaments shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing such estate, interest, or term of more than 1 year, or by the party’s lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements, or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party’s lawfully authorized agent, or by the act and operation of law; provided, however, that no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property. No seal shall be necessary to give validity to any instrument executed in conformity with this section. Corporations may execute any and all conveyances in accordance with the provisions of this section or ss. 692.01 and 692.02.

(2) For purposes of this chapter:

(a) Any requirement that an instrument be signed in the presence of two subscribing witnesses may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology, as defined in s. 117.201.

(b) The act of witnessing an electronic signature is satisfied if a witness is in the physical presence of the principal or present through audio-video communication technology at the time the principal affixes his or her electronic signature and the witness hears the principal make a statement acknowledging that the principal has signed the electronic record.

(3) All acts of witnessing made or taken in the manner described in subsection (2) are validated and, upon recording, may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section or the laws governing notarization of instruments, including online notarization. This subsection does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not related to the act of witnessing.

History.—s. 1, Nov. 15, 1828; RS 1950; GS 2448; RGS 3787; CGL 5660; s. 4, ch. 20954, 1941; s. 751, ch. 97-102; s. 2, ch. 2008-35; s. 21, ch. 2019-71; s. 1, ch. 2020-102.

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Amendments to 689.01

Arrestable Offenses / Crimes under Fla. Stat. 689.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.01.

Annotations, Discussions, Cases:

Cases Citing Statute 689.01

Total Results: 20

Donna Fuentes v. Irene C. Link, etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

Snippet: Jacksonville, 360 So. 2d 52, 53 (Fla. 1st DCA 1978); § 689.01(1), Fla. Stat. (“No estate or interest of freehold

Mary Djurasevic, etc. v. Ronald Thompson

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

Snippet: evidence at the time of filing the lawsuit.”); § 689.01(1), Fla. Stat. (“No estate or interest of freehold

Robert Mowder, Jr. v. Jeremy Smith

Court: District Court of Appeal of Florida | Date Filed: 2024-02-07

Snippet: him thereunto lawfully authorized. See also § 689.01, Fla. Stat. (“No estate or interest of freehold

DARREN JOSEPH TINKER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-06-08

Snippet: witnesses is required on a real estate conveyance. § 689.01, Fla. Stat. (2018). However, the signature of a

ALL INSURANCE RESTORATION SERVICES, INC. v. AMERICAN INTERGRITY INSURANCE COMPANY OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-03-23

Snippet: itself,” thereby requiring compliance with sections 689.01 and 689.111, Florida Statutes (2019), for proper

SHANE R. HAYSLIP & LAURA M. HAYSLIP v. U S HOME CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 2019-07-10

Snippet: seller in the presence of two witnesses. See § 689.01, Fla. Stat. (2016) ("No estate or interest

Berdick v. Costilla

Court: District Court of Appeal of Florida | Date Filed: 2012-09-14

Citation: 97 So. 3d 316, 2012 WL 4039271, 2012 Fla. App. LEXIS 15439

Snippet: argument is without merit. “Pursuant to section 689.01, Florida Statutes [ (2010) ], an assignment or

Bridgeview Bank Group v. Callaghan

Court: District Court of Appeal of Florida | Date Filed: 2012-03-28

Citation: 84 So. 3d 1154, 2012 WL 1020044, 2012 Fla. App. LEXIS 4856

Snippet: Thus, it was not sufficient to pass title. See § 689.01, Fla. Stat. (2008). Deposition testimony from Daniel

Trg-Brickell Pointe Ne, Ltd. v. Gravante

Court: District Court of Appeal of Florida | Date Filed: 2011-10-12

Citation: 76 So. 3d 321, 2011 Fla. App. LEXIS 16149, 2011 WL 4809209

Snippet: H had been, in fact, dated, and because section 689.01, Florida Statutes (2010), requiring transfers of

S & I Investments v. Payless Flea Market, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-06-09

Citation: 36 So. 3d 909, 2010 Fla. App. LEXIS 8185, 2010 WL 2292016

Snippet: two subscribing witnesses, as required by section 689.01, Florida Statutes; (2) alternatively, if the lease

Skylake Insurance Agency, Inc. v. NMB Plaza, LLC

Court: District Court of Appeal of Florida | Date Filed: 2009-10-28

Citation: 23 So. 3d 175, 2009 Fla. App. LEXIS 16078, 2009 WL 3446494

Snippet: year...." § 689.01, Fla. Stat. (2003).[1] *177 Under its plain language, section 689.01 is applicable

Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 1244, 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160

Snippet: V-Strategic. Cf. Fla. R. Civ. P. 1.130(a)-(b); §§ 689.01, 692.01, 692.02, Fla. Stat. (2006). V-Strategic

DGG Development Corp. v. Estate of Capponi

Court: District Court of Appeal of Florida | Date Filed: 2008-06-20

Citation: 983 So. 2d 1232, 2008 Fla. App. LEXIS 9160, 2008 WL 2465568

Snippet: accordance with the requirements of either section 689.01, Florida Statutes (2004),[2] section 692.01, Florida

McKoy v. DeSILVIO

Court: District Court of Appeal of Florida | Date Filed: 2008-02-08

Citation: 974 So. 2d 539, 2008 WL 343255

Snippet: requisite number of subscribing witnesses. See § 689.01, Fla. Stat. (2003) (requiring presence of two subscribing

Key v. Trattmann

Court: District Court of Appeal of Florida | Date Filed: 2007-05-25

Citation: 959 So. 2d 339, 2007 WL 1517827

Snippet: or him thereunto lawfully authorized. See also § 689.01, Fla. Stat. (2003).[3] The purpose of the statute

Tunnage v. Green

Court: District Court of Appeal of Florida | Date Filed: 2007-02-07

Citation: 947 So. 2d 686, 2007 Fla. App. LEXIS 1412, 2007 WL 397304

Snippet: required by Florida law. Florida Statutes section 689.01 (2005), provides that a deed transferring an interest

Free v. Free

Court: District Court of Appeal of Florida | Date Filed: 2006-08-04

Citation: 936 So. 2d 699, 2006 WL 2190777

Snippet: signatures of two witnesses required by section 689.01, Florida Statutes, and because the contract had

Skyline Outdoor Communications, Inc. v. James

Court: District Court of Appeal of Florida | Date Filed: 2005-05-19

Citation: 903 So. 2d 997, 2005 Fla. App. LEXIS 7400, 2005 WL 1172251

Snippet: addressing Appellant’s other points on appeal. Section 689.01, Florida Statutes, requires that an assignment

Espriella v. Delvalle

Court: District Court of Appeal of Florida | Date Filed: 2003-04-16

Citation: 844 So. 2d 674, 2003 Fla. App. LEXIS 5402, 2003 WL 1877637

Snippet: to the requirements of Florida Statutes sections 689.01 and 695.03(3).” Title to the property was quieted

Martin Prop., Inc. v. Florida Industries Inv. Corp.

Court: District Court of Appeal of Florida | Date Filed: 2002-12-11

Citation: 833 So. 2d 825, 2002 WL 31757794

Snippet: subscribing witnesses as is required by section 689.01, Florida Statutes (1999), our land conveyance statute