Florida Statutes

Fla. Stat. § 689.01 (2025)

How real estate conveyed.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 123 cases (15 in the last 5 years), 1946–2026 · leading case: S & I Investments v. Payless Flea Mkt., Inc., 36 So. 3d 909 (Fla. 4th DCA 2010).

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S & I Investments v. Payless Flea Mkt., Inc., 36 So. 3d 909 (Fla. 4th DCA 2010). · cites it 20× “See § 689.01, Fla. Stat. (requiring that a transfer of a leasehold interest for a period longer than one year must be in writing and signed by the party transferring the interest in the presence of two subscribing witnesses).”

Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). · cites it 3× “A related issue also remains for the parties and the appropriate trial court that might consider this dispute: Did this supposed lease-termination "agreement" comply with the formalities of section 689.01, Florida Statutes (2006)? That statutory section states: No estate or…”

DGG Dev. Corp. v. Est. of Capponi, 983 So. 2d 1232 (Fla. 5th DCA 2008). · cites it 4× “Under Florida law, corporations may convey real property in accordance with the requirements of either section 689.01, Florida Statutes (2004), [2] section 692.”

Free v. Free, 936 So. 2d 699 (Fla. 5th DCA 2006). · cites it 5× “Among his many contentions, Robert asserted that the contract was unenforceable because it did not have the signatures of two witnesses required by section 689.01, Florida Statutes, and because the contract had been breached by Marion.”

Skylake Ins. Agency, Inc. v. NMB Plaza, LLC, 23 So. 3d 175 (Fla. 3d DCA 2009). · cites it 15× “” § 689.01, Fla. Stat. (2003). 1 689.01 How real estate conveyed.”

Key v. Trattmann, 959 So. 2d 339 (Fla. 1st DCA 2007). · cites it 4× “. . unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized.”

Moorings Ass'n v. Tortoise Island Communities, 460 So. 2d 961 (Fla. 5th DCA 1984). · cites it 4× “§ 689.01, Fla. Stat. See Winters v. Alanco, Inc.”

Kozacik v. Kozacik, 26 So. 2d 659 (Fla. 1946). · cites it 4× “” The contract was signed by all parties but was not executed in the presence of two subscribing witnesses, as required by Section 689.01 Florida Statutes 1941, F.S.”

Crigger v. Florida Power Corp., 436 So. 2d 937 (Fla. 5th DCA 1983). · cites it 2× “, § 689.01, Fla. Stat. (1981). [9] See e.g.”

Carroll v. Dougherty, 355 So. 2d 843 (Fla. 2d DCA 1978). · cites it 6× “In view of the fact that there was no statutory requirement for witnesses on a mortgage, we concluded that the elimination of the words "duly executed" had the effect of rendering the previous decisions on homestead mortgages no longer applicable.”

Sweat v. Yates, 463 So. 2d 306 (Fla. 5th DCA 1984). · cites it 4× “Yates moved for summary judgment on the basis that the deed was void as a matter of law because it was not executed in the presence of two subscribing witnesses as required by Section 689.01, Florida Statutes. In granting summary judgment, the trial court concluded that "the…”

Con-Dev of Vero Beach, Inc. v. Casano, 272 So. 2d 203 (Fla. 4th DCA 1973). · cites it 5× “(c) Improper execution of the contract sued on under F.S. 689.01, F.S.A. (d) Absence of mutuality of obligation or remedy.”

Show all 123 citing cases →

— 689.01(1) — 6 cases

All Ins. Restoration Servs., Inc. v. Am. Intergrity Ins. Co. of Florida (Fla. 4th DCA 2022).

Mary Djurasevic, etc. v. Ronald Thompson (Fla. 3d DCA 2024).

Donna Fuentes v. Irene C. Link, etc. (Fla. 3d DCA 2024).

Silvana Capuzzo v. Fred Manuel Joch (Fla. 3d DCA 2026).

Roger Salazar v. Stephanie Ortiz (Fla. 6th DCA 2026).

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