Florida Statute 689.18 | 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. 689.18

689.18 Reverter or forfeiture provisions, limitations; exceptions.—

(1) It is hereby declared by the Legislature of the state that reverter or forfeiture provisions of unlimited duration in the conveyance of real estate or any interest therein in the state constitute an unreasonable restraint on alienation and are contrary to the public policy of the state.

(2) All reverter or forfeiture provisions of unlimited duration embodied in any plat or deed executed more than 21 years prior to the passage of this law conveying real estate or any interest therein in the state, be and the same are hereby canceled and annulled and declared to be of no further force and effect.

(3) All reverter provisions in any conveyance of real estate or any interest therein in the state, now in force, shall cease and terminate and become null, void, and unenforceable 21 years from the date of the conveyance embodying such reverter or forfeiture provision.

(4) No reverter or forfeiture provision contained in any deed conveying real estate or any interest therein in the state, executed on and after July 1, 1951, shall be valid and binding more than 21 years from the date of such deed, and upon the expiration of such period of 21 years, the reverter or forfeiture provision shall become null, void, and unenforceable.

(5) Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section.

(6) Any holder of a possibility of reverter who claims title to any real property in the state, or any interest therein by reason of a reversion or forfeiture under the terms or provisions of any deed heretofore executed and delivered containing such reverter or forfeiture provision shall have 1 year from July 1, 1951, to institute suit in a court of competent jurisdiction in this state to establish or enforce such right, and failure to institute such action within said time shall be conclusive evidence of the abandonment of any such right, title, or interest, and all right of forfeiture or reversion shall thereupon cease and determine, and become null, void, and unenforceable.

(7) This section shall not vary, alter, or terminate the restrictions placed upon said real estate, contained either in restrictive covenants or reverter or forfeiture clauses, and all said restrictions may be enforced and violations thereof restrained by a court of competent jurisdiction whenever any one of said restrictions or conditions shall be violated, or threat to violate the same be made by owners or parties in possession or control of said real estate, by an injunction which may be issued upon petition of any person adversely affected, mandatorily requiring the abatement of such violations or threatened violation and restraining any future violation of said restrictions and conditions.

History.—ss. 1, 2, 3, 4, 5, 6, 7, ch. 26927, 1951; s. 218, ch. 77-104.

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Amendments to 689.18

Arrestable Offenses / Crimes under Fla. Stat. 689.18

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.18.

Annotations, Discussions, Cases:

Cases Citing Statute 689.18

Total Results: 12

1000 BRICKELL, LTD., etc. v. CITY OF MIAMI

Court: District Court of Appeal of Florida | Date Filed: 2022-06-08

Snippet: Indeed, a more specific statutory provision—section 689.18, Florida Statutes (1974)—addresses time limitations

1000 BRICKELL, LTD., etc. v. CITY OF MIAMI

Court: District Court of Appeal of Florida | Date Filed: 2022-04-13

Snippet: Indeed, a more specific statutory provision—section 689.18, Florida Statutes (1974)—addresses time limitations

Ramphal v. TD Bank National Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2016-12-22

Citation: 206 So. 3d 172, 2016 Fla. App. LEXIS 18797

Snippet: foreclosure in its favor in the amount of $1,635,689.18, Ap-pellee purchased the mortgaged property at

Sears, Roebuck & Co. v. FRANCHISE FINANCE CORP.

Court: District Court of Appeal of Florida | Date Filed: 1998-04-24

Citation: 711 So. 2d 1189, 1998 WL 193487

Snippet: under section 689.18, Florida Statutes (1987). The pertinent portions of section 689.18 provides as follows:

Comerica Trust Co. of Florida, N.A. v. Monroe County

Court: District Court of Appeal of Florida | Date Filed: 1993-06-22

Citation: 622 So. 2d 1023, 1993 Fla. App. LEXIS 6710, 1993 WL 217038

Snippet: CURIAM. Affirmed. § 95.14, Fla.Stat. (1989); § 689.18(4), Fla.Stat. (1991).

City of Coral Gables v. Old Cutler Bay Homeowners Corp.

Court: District Court of Appeal of Florida | Date Filed: 1988-07-19

Citation: 529 So. 2d 1188, 1988 WL 73585

Snippet: period set forth in section 689.18, Florida Statutes (1987). Section 689.18(5) exempts conveyances to governmental

Childs v. Weissman

Court: District Court of Appeal of Florida | Date Filed: 1983-05-24

Citation: 432 So. 2d 604, 1983 Fla. App. LEXIS 19476

Snippet: 1958 reversion, based on an application of Section 689.18, Florida Statutes (1981), which provides: (6) Any

JC Vereen & Sons, Inc. v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 1981-04-21

Citation: 397 So. 2d 979, 1981 Fla. App. LEXIS 19293

Snippet: reverter to a title in complete fee simple. Section 689.18(4), Florida Statutes (1975) renders void any reverter

Cole v. Angora Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1979-05-16

Citation: 370 So. 2d 1227

Snippet: lease and foreclosure provisions violate Section 689.18 Florida Statutes (1977) which prohibits certain

RBF Management Co. v. Sunshine Towers Apartment Residences Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1977-11-30

Citation: 352 So. 2d 561

Snippet: against alienation within the meaning of Section 689.18, Florida Statutes. The remaining Count III asserts

Trustees of Tufts College v. Triple R. Ranch, Inc.

Court: Supreme Court of Florida | Date Filed: 1973-03-21

Citation: 275 So. 2d 521

Snippet: invalidated the retroactive portion of Section 689.18, Florida Statute, F.S.A., which attempted to place

Biltmore Village v. Royal

Court: Supreme Court of Florida | Date Filed: 1954-04-09

Citation: 71 So. 2d 727, 41 A.L.R. 2d 1380

Snippet: outlawed by Chapter 26927, Acts of 1951, now Section 689.18, F.S.A. Motions to dismiss challenging State and