Florida Statute 689.18 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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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

Annotations, Discussions, Cases:

Cases Citing Statute 689.18

Total Results: 11

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

275 So. 2d 521

Supreme Court of Florida | Filed: Mar 21, 1973 | Docket: 1387421

Cited 36 times | Published

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

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

352 So. 2d 561

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1701366

Cited 11 times | Published

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

Biltmore Village v. Royal

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

Supreme Court of Florida | Filed: Apr 9, 1954 | Docket: 497008

Cited 10 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 1706682

Cited 9 times | Published

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

Cole v. Angora Enterprises, Inc.

370 So. 2d 1227

District Court of Appeal of Florida | Filed: May 16, 1979 | Docket: 1270379

Cited 4 times | Published

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

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

711 So. 2d 1189, 1998 WL 193487

District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 1338036

Cited 3 times | Published

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

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

529 So. 2d 1188, 1988 WL 73585

District Court of Appeal of Florida | Filed: Jul 19, 1988 | Docket: 432500

Cited 3 times | Published

reverter period set forth in section 689.18, Florida Statutes (1987). Section 689.18(5) exempts conveyances

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

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369338

Published

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

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

District Court of Appeal of Florida | Filed: Apr 13, 2022 | Docket: 63232259

Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 22, 1993 | Docket: 64698229

Published

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

Childs v. Weissman

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

District Court of Appeal of Florida | Filed: May 24, 1983 | Docket: 64597381

Published

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

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