Florida Statute 712.01 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 712.01

Arrestable Offenses / Crimes under Fla. Stat. 712.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.01.

Annotations, Discussions, Cases:

Cases Citing Statute 712.01

Total Results: 20

West Flagler Associates, Ltd. v. Ron D. DeSantis, etc.

Court: Fla. | Date Filed: 2024-03-21T00:00:00-07:00

Snippet: 2721 (2018), and as contemplated by section 285.712(1), Florida Statutes (2023). The Florida Legislature

MIAMI-DADE COUNTY v. SNAPP INDUSTRIES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-05T00:53:00-07:00

Snippet: Highway Safety & Motor Vehicles, 87 So. 3d 712, 1 This provision requires all businesses located

Mullins v. Mullins

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:00:00-07:00

Citation: 274 So. 3d 513

Snippet: title transaction within the meaning of section 712.01(3), Florida Statutes (2011), and thereby extinguished…constitute a title transaction, as defined by section 712.01(3), Florida Statutes (2011), extinguishing the …within the meaning of this act is defined in section 712.01(3), Florida Statutes, and means any recorded instrument…title transaction within the meaning of section 712.01(3), see Mayo v. Owens, 367 So. 2d 1054, 1057 (Fla

Mullins v. Mullins

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:00:00-07:00

Citation: 274 So. 3d 513

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-15T00:53:00-07:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-24T23:53:00-08:00

Snippet: exclusive ownership." See § 712.01(4), (5). I cannot agree that section 712.01 extends to an association…Marketable Record Titles to Real Property Act (MRTA), §§ 712.01-.11, Fla. Stat. (2016). We reverse. I. Background…restrictions that are imposed on the parcels." § 712.01(4). There is no dispute that MRTA effectively …definition of homeowners' association in section 712.01(4) is at issue.5 Thus, in order for the Association… -5- association." § 712.01(5).6 There is no dispute that Eastwood Shores is

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-13T00:00:00-08:00

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

Snippet: statutory procedure set forth in MRTA. §§ 712.01-05, Fla. Stat. (2012). 7 The central…particularly relevant to this appeal are: (i) section 712.01, which provides definitions; (ii) section 712.03

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-26T00:00:00-07:00

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

Snippet: 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

Court: Fla. | Date Filed: 2015-03-26T00:00:00-07:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-30T00:00:00-07:00

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

Snippet: Marketable Record Title to Real Property Act (MRTA), § 712.01, et seq., Fla. Stat. (2008), relieved Fidelity … title is the date on which it was recorded.” § 712.01(2), Fla. Stat. (2011). It is uncontested that the

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-17T00:00:00-07:00

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

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

Clipper Bay Investments, LLC v. State Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-05T00:00:00-08:00

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

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

Matissek v. Waller

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-14T00:00:00-08:00

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

Snippet: quot;root of title" is defined under section 712.01(2) as *629 any title transaction purporting to…;title transactions" as defined in section 712.01(3),[8] and the legislature did not intend that …to identify its location and boundaries." § 712.01(3). [9] Berger also pointed out that the amendment

Chin v. CAIAFFA

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-04T00:00:00-07:00

Citation: 42 So. 3d 300, 2010 Fla. App. LEXIS 11287, 2010 WL 3023297

Snippet: exactly with what he's done. Tr. vol. VIII, p. 712, 1. 10-25 (emphasis added). The trial judge nevertheless

Muldrow v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-31T00:00:00-07:00

Citation: 36 So. 3d 698, 2010 Fla. App. LEXIS 4184, 2010 WL 1347316

Snippet: that has been recorded for at least 30 years. §§ 712.01(2), 712.02, Fla. Stat. . In older deeds, distances

Guttman v. Vanneck

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-22T00:00:00-07:00

Citation: 15 So. 3d 813, 2009 Fla. App. LEXIS 9992, 2009 WL 2168889

Snippet: modified. POLEN and GERBER, JJ., concur. NOTES [1] §§ 712.01-712.11, Fla. Stat. (2009). [2] The parties had

Noblin v. Harbor Hills Development, L.P.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-01-14T00:00:00-08:00

Citation: 896 So. 2d 781, 164 Oil & Gas Rep. 863, 2005 Fla. App. LEXIS 186

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

Blanton v. City of Pinellas Park

Court: Fla. | Date Filed: 2004-10-21T00:53:00-07:00

Citation: 887 So. 2d 1224

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

Cirelli v. Ent

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-18T00:00:00-07:00

Citation: 885 So. 2d 423

Snippet: marketability is being determined," section 712.01(2), Florida Statutes, to the McDonalds' Parcel… the marketability is being determined." § 712.01(2), Fla. Stat. (2002). The courts that have interpreted

Berger v. Riverwind Parking, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-07T00:00:00-08:00

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

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