Florida Statutes

Fla. Stat. § 689.03 (2025)

Effect of such deed.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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689.03 Effect of such deed.—A conveyance executed substantially in the form provided in s. 689.02 must be held to be a warranty deed with full common-law covenants, and must just as effectually bind the grantor, and the grantor’s heirs, as if such covenants were specifically set out therein. And this form of conveyance when signed by a married woman must be held to convey whatever interest in the property conveyed which she may possess.

History.—s. 2, ch. 4038, 1891; GS 2450; RGS 3789; CGL 5662; s. 5, ch. 20954, 1941; s. 753, ch. 97-102; s. 3, ch. 2025-112.

Notes of Decisions

Cited in 5 cases, 1952–1982 · leading case: BWB CORP. v. Muscare, 349 So. 2d 183 (Fla. 3d DCA 1977).

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BWB CORP. v. Muscare, 349 So. 2d 183 (Fla. 3d DCA 1977). · cites it 2× “Section 689.03, Florida Statutes (1975), provides that a conveyance executed substantially in the form set out in Section 689.”

Am. Title Ins. Co. v. Coakley, 419 So. 2d 816 (Fla. 3d DCA 1982). · cites it 2× “On this uncontradicted record, the trial judge nonetheless issued final judgment in favor of the defendant.”

Nottingham v. Denison, 63 So. 2d 269 (Fla. 1953). · cites it 2× “The deeds were substantially in the statutory form recognized in this state, and under Section 689.03, Florida Statutes, F.S.A., are deemed to contain the basic common law covenants.”

Harris v. Sklarew, 166 So. 2d 164 (Fla. 3d DCA 1964). · cites it 2× “The appellants urge that, inasmuch as the form of the deed in question was that set forth in § 689.02, Fla.”

Charles H. Deeb, Inc. v. Kestner, 59 So. 2d 514 (Fla. 1952). “Section 689.03 F.S.A. "Obviously these covenants are breached if, at the time of the delivery of the deed, there is an adverse public possession or an outstanding public easement upon the property, or any part of it, unless the deed is construed as containing an implied…”

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