689.10 Words of limitation and the words “fee simple” dispensed with.—Where any real estate has heretofore been conveyed or granted or shall hereafter be conveyed or granted without there being used in the said deed or conveyance or grant any words of limitation, such as heirs or successors, or similar words, such conveyance or grant, whether heretofore made or hereafter made, shall be construed to vest the fee simple title or other whole estate or interest which the grantor had power to dispose of at that time in the real estate conveyed or granted, unless a contrary intention shall appear in the deed, conveyance or grant.
Cited 6 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22517975
...t in order to determine the intent of the grantor, both as to the character of estate and the property conveyed and to so construe the instrument as if legally possible to effectuate such intent." Reid v. Barry, 93 Fla. 849, 112 So. 846, 851 (1927). Section 689.10, Florida Statutes (1969), provides that words of limitation in the conveyance of real estate shall be construed to vest fee simple title "unless a contrary intention shall appear in the deed...." We have examined whether the deed's inc...
...CSX Transp., Inc., 622 So.2d 1120 (Fla. 3d DCA 1993). The inconsistencies on the face of the deed, together with the meaninglessness of the deed's language "for ingress and egress," if one construes it to have conveyed fee title, appear to create a contrary intention under section 689.10 as to Parcel Two....
...usion that the deeds by their language
appeared to convey fee simple title. The deeds in question in this case included all
the formal statements needed to show that the land was purchased and that the
deeds granted fee simple title.5
5. Section 689.10, Florida Statutes (2014), provides:
Where any real estate has heretofore been conveyed or granted
or shall hereafter be conveyed or granted without there being used in
the said deed or conveyance or grant any...
...he extent of the estate conveyed, so permitting clarification by parol evidence. The deed in statutory form operated to convey the fee simple title in the absence of words of limitation or other expressions of a contrary intention in the instrument. Section 689.10, Florida Statutes (1969), (1979); Bronstein v....
...nveyance. E, g., First Nat’l Bank v. Ashmead, 23 Fla. 379, 385 , 2 So. 657 , 659 (1887). Here appellants propose improperly to impeach “the language of which the instrument is the repository.” Ibid. That language expresses the estate conveyed. Section 689.10....
Cited 1 times | Published | Supreme Court of Florida | 58 A.L.R. 2d 1369
...as indispensable to create a grant of a fee simple title and further that when used, the word "heirs" necessarily resulted in the grant of a fee simple title to the exclusion of any other language in the conveyance. In Florida by the passage of F.S. § 689.10, F.S.A., our Legislature eliminated the necessity for the use of the word "heirs" as an indispensable element in the granting of a fee simple estate....
...Appellants argue that the deed in statutory form, § 689.02, Fla.Stat. (1973), operated to convey the fee simple title, including the right to collect rents, to each successive owner. Appellees urge the “subject to” language rendered the deed susceptible to clarification by parol evidence, § 689.10, Fla....
2d 473, 474-75 (Fla. 4th DCA 1982); see also § 689.-10, Fla.Stat. (1991); Robinson v. Peterson, 375 So
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