Florida Statute 712.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY

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F.S. 712.01

712.01 Definitions.—As used in this chapter, the term:

(1) “Community covenant or restriction” means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which:

(a) Subjects the parcel to any use restriction that may be enforced by a property owners’ association; or

(b) Authorizes a property owners’ association to impose a charge or assessment against the parcel or the parcel owner.

(2) “Covenant or restriction” means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which subjects the parcel to any use or other restriction or obligation.

(3) “Parcel” means any real property that is subject to any covenant or restriction of a property owners’ association.

(4) “Person” includes the singular or plural, natural or corporate, private or governmental, including the state and any political subdivision or agency thereof as the context for the use thereof requires or denotes and including any property owners’ association.

(5) “Property owners’ association” means a homeowners’ association as defined in s. 720.301, a corporation or other entity responsible for the operation of property in which the voting membership is made up of the owners of the property or their agents, or a combination thereof, and in which membership is a mandatory condition of property ownership, or an association of parcel owners which is authorized to enforce a community covenant or restriction that is imposed on the parcels.

(6) “Root of title” means any title transaction purporting to create or transfer the estate claimed by any person which is the last title transaction to have been recorded at least 30 years before the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded.

(7) “Title transaction” means any recorded instrument or court proceeding that affects title to any estate or interest in land and that describes the land sufficiently to identify its location and boundaries.

History.—s. 1, ch. 63-133; s. 11, ch. 65-420; s. 1, ch. 81-242; s. 1, ch. 97-202; s. 56, ch. 2000-258; s. 16, ch. 2000-317; s. 2, ch. 2018-55.

F.S. 712.01 on Google Scholar

F.S. 712.01 on CourtListener

Amendments to 712.01

Annotations, Discussions, Cases:

Cases Citing Statute 712.01

Total Results: 38

Blanton v. City of Pinellas Park

887 So. 2d 1224, 2004 WL 2359991

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1515177

Cited 46 times | Published

of title is the date on which it was recorded. § 712.01(2), Fla. Stat. (2003). Stated differently, the

City of Miami v. St. Joe Paper Co.

364 So. 2d 439

Supreme Court of Florida | Filed: Oct 5, 1978 | Docket: 462042

Cited 25 times | Published

section) does not include municipalities for Section 712.01(1) Florida Statutes, defining terms used in

Marshall v. Hollywood, Inc.

224 So. 2d 743

District Court of Appeal of Florida | Filed: Jun 30, 1969 | Docket: 1672016

Cited 20 times | Published

inescapable. The Florida Marketable Title Act, Section 712.01, F.S. 1967, F.S.A., was enacted in 1963 and

Holland v. Hattaway

438 So. 2d 456, 1983 Fla. App. LEXIS 24436

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1731842

Cited 11 times | Published

of title and determining its root of title. Section 712.01(2) defines "root of title" as the last or most

ITT Rayonier, Inc. v. Wadsworth

346 So. 2d 1004, 1977 Fla. LEXIS 3907

Supreme Court of Florida | Filed: Apr 28, 1977 | Docket: 1410802

Cited 10 times | Published

Marketable Record Title Act, Florida Statutes, Section 712.01. "By deed dated December 30, 1942, and recorded

Wilson v. Kelley

226 So. 2d 123

District Court of Appeal of Florida | Filed: May 14, 1969 | Docket: 449590

Cited 10 times | Published

the date on which it was recorded." Fla. Stat. § 712.01(2) (1967), F.S.A. A "title transaction" is "any

Cirelli v. Ent

885 So. 2d 423, 2004 WL 2340685

District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 1286814

Cited 8 times | Published

time when marketability is being determined," section 712.01(2), Florida Statutes, to the McDonalds' Parcel

H & F Land v. Panama City-Bay Co. Airport

736 So. 2d 1167, 24 Fla. L. Weekly Supp. 264, 1999 Fla. LEXIS 1047, 24 Fla. L. Weekly Fed. S 264

Supreme Court of Florida | Filed: Jun 10, 1999 | Docket: 1434171

Cited 8 times | Published

was recorded at least thirty years ago.[6]See § 712.01(2), Fla. Stat. (1995). In this case, the root

Martin v. Town of Palm Beach

643 So. 2d 112, 1994 WL 543591

District Court of Appeal of Florida | Filed: Oct 7, 1994 | Docket: 1493118

Cited 5 times | Published

712.03... . § 712.02, Fla. Stat. (1993). [5] Section 712.01(2), Florida Statutes (1993), defines "root

Askew v. Sonson

409 So. 2d 7

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 525680

Cited 5 times | Published

in s. 712.03." § 712.10, Fla. Stat. (1977). Section 712.01, Florida Statutes (1977) reads as follows:

Sunshine Vistas Homeowners Ass'n v. Caruana

623 So. 2d 490, 18 Fla. L. Weekly Supp. 463, 1993 Fla. LEXIS 1439, 1993 WL 335012

Supreme Court of Florida | Filed: Sep 2, 1993 | Docket: 1182998

Cited 4 times | Published

of title is the date on which it was recorded." § 712.01(2), Fla. Stat. (1989). "The document with which

Cunningham v. Haley

501 So. 2d 649, 12 Fla. L. Weekly 175

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 538127

Cited 4 times | Published

a title transaction under the definition in section 712.01(3), Florida Statutes, and that all of the appellants

Cunningham v. Haley

501 So. 2d 649, 12 Fla. L. Weekly 175

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 538127

Cited 4 times | Published

a title transaction under the definition in section 712.01(3), Florida Statutes, and that all of the appellants

Coastal Petroleum Co. v. American Cyanamid

454 So. 2d 6

District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 1508415

Cited 4 times | Published

deeds, which are the plaintiffs' "root of title." § 712.01(2), Fla. Stat. (1981). Plaintiffs' titles under

BD OF TRUSTEES, ETC. v. Paradise Fruit Co.

414 So. 2d 10

District Court of Appeal of Florida | Filed: Apr 28, 1982 | Docket: 1706961

Cited 4 times | Published

application of the Marketable Record Title Act (MRTA), § 712.01 et seq., Fla. Stat. (1979), to lands under unmeandered

City of Pensacola v. Capital Realty Holding Co., Inc.

417 So. 2d 687, 1982 Fla. App. LEXIS 19571

District Court of Appeal of Florida | Filed: Mar 29, 1982 | Docket: 1382896

Cited 4 times | Published

of title is the date on which it was recorded. § 712.01(2), Fla. Stat.

Allen v. St. Petersburg Bank & Trust Co.

383 So. 2d 1171

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1512451

Cited 3 times | Published

affects title to any estate or interest in land." Section 712.01(3), Florida Statutes (1979). Appellee's 1944

Save Calusa Trust v. St. Andrews Holdings, Ltd.

193 So. 3d 910, 2016 Fla. App. LEXIS 426, 2016 WL 145997

District Court of Appeal of Florida | Filed: Jan 13, 2016 | Docket: 3027801

Cited 1 times | Published

particularly relevant to this appeal are: (i) section 712.01, which provides definitions; (ii) section 712

Clipper Bay Investments, LLC v. State Department of Transportation

117 So. 3d 7, 2013 WL 425882, 2013 Fla. App. LEXIS 1680

District Court of Appeal of Florida | Filed: Feb 5, 2013 | Docket: 60232764

Cited 1 times | Published

transaction thirty years prior as the “root of title.” § 712.01(2), Fla. Stat. (2008). Further, MRTA states that

Matissek v. Waller

51 So. 3d 625, 2011 Fla. App. LEXIS 81, 2011 WL 116144

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 2407912

Cited 1 times | Published

Finally, the "root of title" is defined under section 712.01(2) as *629 any title transaction purporting

Nourachi v. United States

632 F. Supp. 2d 1101, 2009 U.S. Dist. LEXIS 34468, 2009 WL 1107748

District Court, M.D. Florida | Filed: Apr 23, 2009 | Docket: 2215223

Cited 1 times | Published

Florida's Marketable Record Title Act, Fla. Stat. § 712.01, et seq. ("MRTA"). The MRTA provides that any

Noblin v. Harbor Hills Development, L.P.

896 So. 2d 781, 164 Oil & Gas Rep. 863, 2005 Fla. App. LEXIS 186, 30 Fla. L. Weekly Fed. D 237

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 64836871

Cited 1 times | Published

time when the marketability is being determined.” § 712.01(2), Fla. Stat. (2002). The root of title to the

Amber Perrin v. State of Florida, Department of Transportation

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210001

Published

Pinellas Park, 887 So. 2d 1224, 1228 (Fla. 2004); § 712.01(6), Fla. Stat. (2023). 3 It is undisputed

Sara Watts v. Joggers Run Property Owners Association, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Apr 7, 2025 | Docket: 68189605

Published

Argued: Jan 25, 2024

condition of parcel ownership”), with Fla Stat. § 712.01(5) (deﬁning a property owners’ association

Mullins v. Mullins

274 So. 3d 513

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64718341

Published

constitutes a title transaction within the meaning of section 712.01(3), Florida Statutes (2011), and thereby extinguished

Mullins v. Mullins

274 So. 3d 513

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64718340

Published

constitutes a title transaction within the meaning of section 712.01(3), Florida Statutes (2011), and thereby extinguished

SCOTT LYDAY & TAMMY LYDAY v. MYAKKA VALLEY RANCHES IMPROVEMENT ASSOCIATION, INC. & VIVIAN ZABIK

District Court of Appeal of Florida | Filed: Mar 15, 2019 | Docket: 14717609

Published

title is the date on which it was recorded." § 712.01(2).

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY

264 So. 3d 264

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14516111

Published

restrictions that are imposed on the parcels." § 712.01(4). There is no dispute that MRTA effectively

HJH, L.L.C. v. Volusia County

170 So. 3d 100, 2015 Fla. App. LEXIS 9745, 2015 WL 3915930

District Court of Appeal of Florida | Filed: Jun 26, 2015 | Docket: 60249399

Published

here]] *108[[Image here]] *109[[Image here]] . § 712.01, Fla. Stat. (2013). . See Trepanier v. County

Florida Department of Transportation v. Clipper Bay Investments, LLC

160 So. 3d 858, 40 Fla. L. Weekly Supp. 164, 2015 Fla. LEXIS 577, 2015 WL 1379975

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 60246934

Published

of title is the date on which it was recorded. § 712.01(2), Fla. Stat. . A muniment of title is "documentary

Village Carver Phase 1, LLC v. Fidelity National Title Insurance Co.

128 So. 3d 107, 2013 WL 5429585, 2013 Fla. App. LEXIS 15394

District Court of Appeal of Florida | Filed: Sep 30, 2013 | Docket: 60236949

Published

Marketable Record Title to Real Property Act (MRTA), § 712.01, et seq., Fla. Stat. (2008), relieved Fidelity

Southfields of Palm Beach Polo & Country Club Homeowners Ass'n v. McCullough

111 So. 3d 283, 2013 WL 1629186, 2013 Fla. App. LEXIS 6061

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60230800

Published

Plan. . "Root of title” is defined under section 712.01(2), Florida Statutes (2010), as "any title

Berger v. Riverwind Parking, LLP

842 So. 2d 918, 2003 Fla. App. LEXIS 2862, 2003 WL 826551

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 64822175

Published

definition of title transaction appearing in section 712.01(3) which is “any recorded instrument or court

Leonard M. Harrell v. Doyle Alva Wester, Eugenia W. Pelt, and Billy Wester Dickson, Pencie W. Wester

853 F.2d 828, 1988 U.S. App. LEXIS 11692, 1988 WL 82862

Court of Appeals for the Eleventh Circuit | Filed: Aug 29, 1988 | Docket: 521005

Published

to any estate or interest in land_” Fla.Stat. § 712.01(3). By itself this statutory definition sheds

South Florida Water Management District v. Muroff

508 So. 2d 510, 12 Fla. L. Weekly 1459, 95 Oil & Gas Rep. 250, 1987 Fla. App. LEXIS 8741

District Court of Appeal of Florida | Filed: Jun 10, 1987 | Docket: 64627833

Published

points out that the 1947 conveyance meets the section 712.01(2) definition of “root of title” — “any title

Kittrell v. Clark

383 So. 2d 909, 1980 Fla. LEXIS 4231

Supreme Court of Florida | Filed: May 8, 1980 | Docket: 64576232

Published

affects title to any estate or interest in land.” § 712.01(3), Fla.Stat. (1975). “Root of title” is defined

Mayo v. Owens

367 So. 2d 1054, 1979 Fla. App. LEXIS 14149

District Court of Appeal of Florida | Filed: Feb 1, 1979 | Docket: 64568712

Published

within the contemplation of F.S. 712.-03(4). F.S. 712.01(3) defines “title transaction” to mean “any recorded

Kittrell v. Clark

363 So. 2d 373

District Court of Appeal of Florida | Filed: Sep 25, 1978 | Docket: 461341

Published

affects title to any estate or interest in land." Section 712.01(3). Appellee Blocker contends that the probate