689.10
Words of limitation and the words “fee simple” dispensed with.
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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.
History.—s. 1, ch. 5145, 1903; GS 2456; RGS 3796; s. 1, ch. 10170, 1925; CGL 5669.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1955–2025 · leading case: Thrasher v. Arida
Thrasher v. Arida (2003)
“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.”
Stephen J. Rogers v. United States (2015)
“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 words of limitation, such as heirs or successors, or similar words,…”
Holland v. State (1980)
“Section 689.10, Florida Statutes (1969), (1979); Bronstein v.”
Cook v. Tradewinds West Condominium, Inc. (1994)
“Appellees urge the “subject to” language rendered the deed susceptible to clarification by parol evidence, § 689.10, Fla. Stat. (1973), so as to demonstrate a valid reservation of the right to collect rent in the grantor.”
Bronstein v. Bronstein (1955)
“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.”
BARRON v. United States (2024)
“Fla. Stat. § 689.10 (emphasis added). 3 The result of this statute is that “a deed is presumed to convey fee simple title, or whatever title the grantor had power to convey, unless a contrary intention is shown by the language of the deed.”
Kent v. United States (2025)
“Fla. Stat. § 689.10 (emphasis added). 5 According to the Florida Supreme Court, this statute means that “a deed is presumed to convey fee simple title, or whatever title the grantor had power to convey, unless a contrary intention is shown by the language of the deed.”
Williams v. Chesser (1975)
“2d 677 (1943); Section 689.10, Florida Statutes; and Chasteen v.”
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