Florida Statutes

Fla. Stat. § 695.01 (2025)

Conveyances and liens to be recorded.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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695.01 Conveyances and liens to be recorded.—

(1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law; nor shall any such instrument made or executed by virtue of any power of attorney be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser.

(2) Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts.

(3) A lien by a governmental entity or quasi-governmental entity that attaches to real property for an improvement, service, fine, or penalty, other than a lien for taxes, non-ad valorem or special assessments, or utilities, is valid and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration only if the lien is recorded in the official records of the county in which the property is located. The recorded notice of lien must contain the name of the owner of record, a description or address of the property, and the tax or parcel identification number applicable to the property as of the date of recording.

History.—ss. 4, 9, Nov. 15, 1828; RS 1972; GS 2480; RGS 3822; CGL 5698; s. 10, ch. 20954, 1941; s. 8, ch. 85-63; s. 2, ch. 2013-241.

Notes of Decisions

Cited in 160 cases (8 in the last 5 years), 1943–2026 · leading case: Argent Mortg. Co. v. Wachovia Bank N.A., 52 So. 3d 796 (Fla. 5th DCA 2010).

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Argent Mortg. Co. v. Wachovia Bank N.A., 52 So. 3d 796 (Fla. 5th DCA 2010). · cites it 13× “2010) (“Florida has a notice type recording statute [see § 695.01, Fla. Stat.] the primary function of which is to protect subsequent purchasers (which for purposes of this discussion includes mortgagees and creditors who are within the statute’s protection) against claims…”

South Motor Co. v. Carter-Pritchett-Hodges, Inc. (In Re MMH Auto. Grp., LLC), 385 B.R. 347 (Bankr. S.D. Florida 2008). · cites it 7× “So the issue is whether, under Florida law, South Motor is insulated by the title commitment it received and would “under applicable law” be a bona fide purchaser under Fla. Stat. § 695.01 , which status, in turn, would confer on the Trustee the ability to sell the Real Property…”

Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007). · cites it 6× “§ 695.01(1), Fla. Stat. (2006). Section 695.”

First Union Nat'l Bank of Florida v. Diamond (In Re Diamond), 196 B.R. 635 (Bankr. S.D. Florida 1996). · cites it 6× “FIRST UNION’S RECORDATION OF THE NOTICE GAVE CONSTRUCTIVE NOTICE TO PROSPECTIVE PURCHASERS AND ENCUMBRANCES OF FIRST UNION’S CLAIM AGAINST THE REAL PROPERTY According to Fla.Stat. § 695.01, “no conveyance, or mortgage of real property, or of any interest therein, nor any lease…”

Flanigan's Enter. v. Shoppes at 18th, 954 So. 2d 758 (Fla. 4th DCA 2007). · cites it 7× “The issue in this case is whether the purchaser of a commercial building was on notice of an unrecorded termination by release of a parking easement so that the purchaser is precluded from relying on section 695.01, Florida Statutes (2001) to avoid the release.”

City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). · cites it 3× “” The legal significance of priority of recordation comes into play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides as follows: “No conveyance, transfer, or mortgage of real property, or of any interest therein .”

Holland v. Hattaway, 438 So. 2d 456 (Fla. 5th DCA 1983). · cites it 5× “(1981)), the recording statute (§ 695.01, Fla. Stat. (1981)) and of the Marketable Record Title Act (MRTA) (§ 712.”

Desak v. Vanlandingham, 98 So. 3d 710 (Fla. 1st DCA 2012). · cites it 4× “3d DCA 1968) (“The recordation statute, § 695.01 Fla. Stat., F.S.A., has always been primarily intended to protect the rights of bona fide purchase[r]s of property, and creditors of property owners, rather than the immediate parties to the conveyance to the property.”

H & F Land v. Panama City-Bay Co. Airport, 736 So. 2d 1167 (Fla. 1999). · cites it 4× “H & F further asserts that a common law way of necessity should not be subject to any recording requirement, including that of MRTA, because such an interest in land is not subject to the recording requirements of section 695.01, Florida Statutes (1995), Florida's general…”

Suntrust Bank v. Riverside Nat. Bank, 792 So. 2d 1222 (Fla. 4th DCA 2001). · cites it 2× “[6] § 695.01 Fla. Stat. (2000) ("No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration…”

In the Matter of Equitable Dev. Corp., Bankrupt. Leonard W. Frearson v. Morry Wingold & W & G Holdings, Ltd., 617 F.2d 1152 (5th Cir. 1980). · cites it 3× “Plaintiff further takes the position that, should the Court hold that Defendants’ security interest is an interest in land, or includes an interest in land, that the Order does not make Defendants’ interest enforceable against the Trustee in Bankruptcy, since the interest itself…”

Bank of Am., N.A. v. Kipps Colony II Condo. Ass'n, Inc., 201 So. 3d 670 (Fla. 2d DCA 2016). · cites it 2× “222] shall determine the priority of recordation” so that “[a]n instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series.”

Show all 160 citing cases →

— 695.01(1) — 53 cases

Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007). “§ 695.01(1), Fla. Stat. (2006). Section 695.”

City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). “” The legal significance of priority of recordation comes into play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides as follows: “No conveyance, transfer, or mortgage of real property, or of any interest therein .”

In the Matter of Equitable Dev. Corp., Bankrupt. Leonard W. Frearson v. Morry Wingold & W & G Holdings, Ltd., 617 F.2d 1152 (5th Cir. 1980). “Plaintiff further takes the position that, should the Court hold that Defendants’ security interest is an interest in land, or includes an interest in land, that the Order does not make Defendants’ interest enforceable against the Trustee in Bankruptcy, since the interest itself…”

Bank of Am., N.A. v. Kipps Colony II Condo. Ass'n, Inc., 201 So. 3d 670 (Fla. 2d DCA 2016). “222] shall determine the priority of recordation” so that “[a]n instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series.”

Rice v. Greene, 941 So. 2d 1230 (Fla. 5th DCA 2006).

— 695.01(2) — 2 cases

CITGO v. Florida East Coast Ry., 706 So. 2d 383 (Fla. 4th DCA 1998).

Hayes v. H.J.S.B.B. Jt. Venture, 595 So. 2d 1000 (Fla. 2d DCA 1992).

— 695.01(3) — 1 case

City of Hallandale Beach v. Susana Shames (Fla. 4th DCA 2026).

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