Florida Statute 689.05 | 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. 689.05

689.05 How declarations of trust proved.—All declarations and creations of trust and confidence of or in any messuages, lands, tenements or hereditaments shall be manifested and proved by some writing, signed by the party authorized by law to declare or create such trust or confidence, or by the party’s last will and testament, or else they shall be utterly void and of none effect; provided, always, that where any conveyance shall be made of any lands, messuages or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by the act and operation of law, then, and in every such case, such trust or confidence shall be of the like force and effect as the same would have been if this section had not been made, anything herein contained to the contrary in anywise notwithstanding.

History.—s. 2, Nov. 15, 1828; RS 1951; GS 2452; RGS 3791; CGL 5664; s. 754, ch. 97-102.

F.S. 689.05 on Google Scholar

F.S. 689.05 on Casetext

Amendments to 689.05

Arrestable Offenses / Crimes under Fla. Stat. 689.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.05.

Annotations, Discussions, Cases:

Cases Citing Statute 689.05

Total Results: 20

Foundation for the Developmentally Disabled, Inc. v. Step by Step Early Childhood Education & Therapy Center, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-26T00:00:00-07:00

Citation: 29 So. 3d 1221, 2010 Fla. App. LEXIS 3897, 2010 WL 1135901

Snippet: involving land must be in writing to be valid. § 689.05, Fla. Stat. (2008). Nevertheless, a resulting trust

Brigham v. Brigham

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-25T00:00:00-08:00

Citation: 11 So. 3d 374, 2009 Fla. App. LEXIS 1501, 2009 WL 454492

Snippet: not include a land trust created under section 689.05. However, the trust created by the EFP Brigham …quot;), was not a land trust created under section 689.05. Although the EFP Trust was executed by Marion

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-12-09T23:53:00-08:00

Snippet: a trust agreement executed pursuant to section 689.05, Florida Statutes, which relates to "declarations

Johnson v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-06T23:53:00-08:00

Citation: 845 So. 2d 217

Snippet: defaults against Marlae and William. [4] See § 689.05, Fla. Stat. (1991); Brevard County v. Ramsey, 658…) ("To prove a trust created under section 689.05, it is not necessary that the writing be a deed

Persan v. Life Concepts, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-06T00:53:00-07:00

Citation: 738 So. 2d 1008

Snippet: appellees rely on section 737.501(6) and section 689.05, Florida Statutes (1997). Reading *1012 Part V …See § 737.501(6), § 737.502, .506-.08.[1] Section 689.05 does make clear, however, that creation of a trust…failure to follow the formalities required by section 689.05 for creation of a trust. AFFIRMED. THOMPSON, J.… (1997). The more applicable statute is section 689.05, Florida Statutes (1997), which requires that trusts

Brevard County v. Ramsey

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-11T00:00:00-07:00

Citation: 658 So. 2d 1190, 1995 WL 471654

Snippet: no effect. The Ramseys counter by citing section 689.05, Florida Statutes (1993): How Declarations of …required to create a trust by declaration. Section 689.05, Florida Statutes, a statute of frauds, provides…Ramseys. To prove a trust created under section 689.05, it is not necessary that the writing be a deed…declaration was void, but failing to cite either section 689.05 or section 689.06). In the instant case, however…and it was enough that they complied with section 689.05. II. STATUTE OF USES The Ramseys' failure

Zanakis v. Zanakis

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-02T23:53:00-08:00

Citation: 629 So. 2d 181

Snippet: even though they involve real property. Section 689.05, Florida Statutes (1991), and Quinn v. Phipps,

Zuckerman v. Alter

Court: Fla. | Date Filed: 1993-01-27T23:53:00-08:00

Citation: 615 So. 2d 661

Snippet: in the presence of two subscribing witnesses), § 689.05 (requiring trusts of real property to be written

Ago

Court: Fla. Att'y Gen. | Date Filed: 1979-06-01T00:53:00-07:00

Snippet: QUESTION: Is a trust agreement executed pursuant to s. 689.05, F. S., but not witnessed or acknowledged, entitled…official public records. First, I would note that s. 689.05, F. S., which you cited in your question, is a …records. However, because of your reference to s. 689.05, F. S., I assume that the trust agreement to which…with the validity of the instrument (such as s. 689.05, F. S.), which determines the instrument's

Akeley v. Miller

Court: Fla. Dist. Ct. App. | Date Filed: 1972-07-11T00:00:00-07:00

Citation: 264 So. 2d 473, 1972 Fla. App. LEXIS 6556

Snippet: title. See Rosen v. Hunter, Fla.App.1969, 227 So.2d 689; 5 Tiffany, Real Property § 1500 (3rd ed. 1939). Cf

Morton v. Morton

Court: Fla. Dist. Ct. App. | Date Filed: 1969-10-15T00:00:00-07:00

Citation: 227 So. 2d 84

Snippet: 846; Cooey v. Cooey, 132 Fla. 716, 182 So. 202; § 689.05, Fla.Stat., F.S.A.; 33 Fla.Jur., Trusts, §§ 12,

Lamb v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 1967-09-19T00:53:00-07:00

Citation: 202 So. 2d 810

Snippet: always created by an instrument in writing. See: § 689.05, Fla. Stat., F.S.A. And, if appears that there

Grapes v. Mitchell

Court: Fla. | Date Filed: 1963-11-14T23:53:00-08:00

Citation: 159 So. 2d 465

Snippet: trust failed under the provisions of F.S. Sec. 689.05, F.S.A. It is noteworthy that the District Court…contravention of the statute of frauds. The statute [F.S. § 689.05, F.S.A.] provides that express trusts must be evidenced

Mitchell v. Grapes

Court: Fla. Dist. Ct. App. | Date Filed: 1962-11-20T00:00:00-08:00

Citation: 146 So. 2d 591

Snippet: property ; that the plaintiffs’ action is barred by § 689.05 Fla.Stat., F.S.A., in that the plaintiffs *594seek…alleged) the Florida Statute of Frauds (Section 689.05, Fla. Stat., F.S.A.) would operate to prevent any…logical. Likewise, it was clearly the purpose of § 689.05 Fla.Stat., F.S.A., to preclude oral declarations…owner of land to another, then this exception to § 689.05 is almost as great as the rule. In fact, the exception…light most favorable to his right to relief. Sec. 689.05, Florida Statutes 1951, F.S.A. provides that &#

Hallam v. Gladman

Court: Fla. Dist. Ct. App. | Date Filed: 1961-07-28T00:53:00-07:00

Citation: 132 So. 2d 198

Snippet: Crockett, 1940, 145 Fla. 311, 199 So. 337; and section 689.05, Florida Statutes, F.S.A. The judgment reason would

Martin v. Wilson

Court: Fla. Dist. Ct. App. | Date Filed: 1959-11-04T23:53:00-08:00

Citation: 115 So. 2d 573

Snippet: the statute of frauds, as well as F.S. Section 689.05, F.S.A., which provides that express trusts may…] Walker v. Landress, see note 1. [3] Section 689.05, F.S. [4] Geter v. Simmons, 57 Fla. 423, 49 So

Mills v. Mills

Court: Fla. Dist. Ct. App. | Date Filed: 1959-05-06T00:00:00-07:00

Citation: 112 So. 2d 298, 1959 Fla. App. LEXIS 2930

Snippet: trusts which if oral, are unenforcible under section 689.05, Florida Statutes, F.S.A.10 *301If this provision…337; Rappaport v. Kalstein, note 7, supra. . “689.05 Soio declarations of trust proved. All declarations

St. John's Presbytery v. Central Presbyterian Church of St. Petersburg

Court: Fla. | Date Filed: 1958-05-09T00:53:00-07:00

Citation: 102 So. 2d 714

Snippet: plaintiffs to be that the Statute of Frauds, §§ 689.05 and 689.06, Florida Statutes, F.S.A., does not

Wodonos v. Wodonos

Court: Fla. | Date Filed: 1952-12-19T00:00:00-08:00

Citation: 62 So. 2d 78, 1952 Fla. LEXIS 1899

Snippet: light most favorable to his right to relief. Sec. 689.05, Florida Statutes 1951, F.S.A. provides that “declarations

Rappaport v. Kalstein

Court: Fla. | Date Filed: 1946-01-04T00:00:00-08:00

Citation: 24 So. 2d 301, 156 Fla. 722, 1946 Fla. LEXIS 613

Snippet: either express, resulting or constructive. Section 689.05, Florida Statutes 1941, defines the manner in which