Florida Statutes

Fla. Stat. § 689.18 (2025)

Reverter or forfeiture provisions, limitations; exceptions.

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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.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1954–2022 · leading case: Sears, Roebuck & Co. v. Franchise Fin. Corp., 711 So. 2d 1189 (Fla. 2d DCA 1998).

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Sears, Roebuck & Co. v. Franchise Fin. Corp., 711 So. 2d 1189 (Fla. 2d DCA 1998). · cites it 10× “The trial judge declared the provision of the easement in question a "forfeiture provision" and unenforceable under section 689.18, Florida Statutes (1987). The pertinent portions of section 689.”

JC Vereen & Sons, Inc. v. City of Miami, 397 So. 2d 979 (Fla. 3d DCA 1981). · cites it 3× “[4] Section 689.18 is unconstitutional only to the extent it cancels reverter provisions in deeds executed prior to July 1, 1951.”

RBF Mgmt. Co. v. Sunshine Towers Apt. Residences Ass'n, Inc., 352 So. 2d 561 (Fla. 2d DCA 1977). · cites it 2× “In Count V as constituting an illegal restraint against alienation within the meaning of Section 689.18, Florida Statutes. The remaining Count III asserts such a total breach or nonperformance as to warrant rescission of the contract.”

City of Coral Gables v. Old Cutler Bay Homeowners Corp., 529 So. 2d 1188 (Fla. 3d DCA 1988). · cites it 3× “We also disagree with the City's contention that it held fee simple title to the property after the expiration of the twenty-one-year reverter period set forth in section 689.18, Florida Statutes (1987). Section 689.”

Trs. of Tufts Coll. v. Triple R. Ranch, Inc., 275 So. 2d 521 (Fla. 1973). “1954), this Court invalidated the retroactive portion of Section 689.18, Florida Statute, F.S.A., which attempted to place a twenty-one year limitation on reverter rights and interests.”

Cole v. Angora Enter., Inc., 370 So. 2d 1227 (Fla. 4th DCA 1979). · cites it 2× “Count VIII seeks a declaratory judgment to the effect that the long-term recreational lease and foreclosure provisions violate Section 689.18 Florida Statutes (1977) which prohibits certain capital reverter or forfeiture provisions as unreasonable restrictions on alienation of…”

Biltmore Vill. v. Royal, 71 So. 2d 727 (Fla. 1954). “The complaints allege that the appellant was the owner of such "possibility of a reverter" and "reverter rights and interest", respectively, and that such interest in each of the properties was outlawed by Chapter 26927, Acts of 1951, now Section 689.18, F.S.A. Motions to…”

Childs v. Weissman, 432 So. 2d 604 (Fla. 3d DCA 1983). · cites it 2× “But we need not decide whether the reverter provision in the original grant became null and void before the claimed 1958 reversion, based on an application of Section 689.18, Florida Statutes (1981), which provides: (6) Any holder of a possibility of reverter who claims title to…”

1000 Brickell, Ltd., Etc. v. City of Miami (Fla. 3d DCA 2022). · cites it 8× “Instead, the applicable statutory provision is found in section 689.18, Florida Statutes, which also contains time limitations but which expressly exempts, from those time limitations, conveyances of real property made to a governmental entity.”

Comerica Trust Co. of Florida, N.A. v. Monroe Cnty., 622 So. 2d 1023 (Fla. 3d DCA 1993). · cites it 2× “…CURIAM. Affirmed. § 95.14, Fla.Stat. (1989); § 689.18(4), Fla.Stat. (1991).”

Hampton v. City of Jacksonville, 16 Fla. Supp. 96 (Fla. Cir. Ct., Duval Cty. 1959). · cites it 3× “Section 689.18, Florida Statutes. There has been no suggestion of fraud or collusion in the proposed sales.”

— 689.18(4) — 3 cases

JC Vereen & Sons, Inc. v. City of Miami, 397 So. 2d 979 (Fla. 3d DCA 1981). “[4] Section 689.18 is unconstitutional only to the extent it cancels reverter provisions in deeds executed prior to July 1, 1951.”

Sears, Roebuck & Co. v. Franchise Fin. Corp., 711 So. 2d 1189 (Fla. 2d DCA 1998). “The trial judge declared the provision of the easement in question a "forfeiture provision" and unenforceable under section 689.18, Florida Statutes (1987). The pertinent portions of section 689.”

Comerica Trust Co. of Florida, N.A. v. Monroe Cnty., 622 So. 2d 1023 (Fla. 3d DCA 1993). “…CURIAM. Affirmed. § 95.14, Fla.Stat. (1989); § 689.18(4), Fla.Stat. (1991).”

— 689.18(5) — 3 cases

City of Coral Gables v. Old Cutler Bay Homeowners Corp., 529 So. 2d 1188 (Fla. 3d DCA 1988). “We also disagree with the City's contention that it held fee simple title to the property after the expiration of the twenty-one-year reverter period set forth in section 689.18, Florida Statutes (1987). Section 689.”

1000 Brickell, Ltd., Etc. v. City of Miami (Fla. 3d DCA 2022). “Instead, the applicable statutory provision is found in section 689.18, Florida Statutes, which also contains time limitations but which expressly exempts, from those time limitations, conveyances of real property made to a governmental entity.”

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