Florida Statute 712.02 - 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. 712.02

712.02 Marketable record title; suspension of applicability.—Any person having the legal capacity to own land in this state, who, alone or together with her or his predecessors in title, has been vested with any estate in land of record for 30 years or more, shall have a marketable record title to such estate in said land, which shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03. A person shall have a marketable record title when the public records disclosed a record title transaction affecting the title to the land which has been of record for not less than 30 years purporting to create such estate either in:

(1) The person claiming such estate; or

(2) Some other person from whom, by one or more title transactions, such estate has passed to the person claiming such estate, with nothing appearing of record, in either case, purporting to divest such claimant of the estate claimed.

History.—s. 2, ch. 63-133; s. 1, ch. 85-83; s. 63, ch. 87-226; s. 797, ch. 97-102.

F.S. 712.02 on Google Scholar

F.S. 712.02 on CourtListener

Amendments to 712.02

Annotations, Discussions, Cases:

Cases Citing Statute 712.02

Total Results: 49

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

liberally. See § 712.10, Fla. Stat. (2003). Section 712.02, Florida Statutes (2003), provides that "[a]ny

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

made clear by the language employed therein. Section 712.02, Fla. Stat., F.S.A., provides: "Marketable

Marshall v. Hollywood, Inc.

236 So. 2d 114

Supreme Court of Florida | Filed: May 13, 1970 | Docket: 456749

Cited 26 times | Published

to rely on a record title as described by F.S. § 712.02, F.S.A., subject only to such limitations as appear

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

"affecting" as it is used in the second sentence of Section 712.02 in the clause "affecting the title to the land"

Marshall v. Hollywood, Inc.

224 So. 2d 743

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

Cited 20 times | Published

Sections 712.02 and 712.04, F.S. 1967, F.S.A. Section 712.02 reads as follows: "Any person having the legal

Odom v. Deltona Corp.

341 So. 2d 977

Supreme Court of Florida | Filed: Feb 15, 1977 | Docket: 1724151

Cited 14 times | Published

any of its predecessors of such estate. Under Section 712.02 this would constitute the title of plaintiff

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

fee simple absolute title (thereby allowing section 712.02 to make a newer inferior competing title marketable

STATE, ETC. v. Contemporary Land Sales, Inc.

400 So. 2d 488

District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 1263448

Cited 11 times | Published

were exposed. The Marketable Record Title Act, section 712.02, Florida Statutes (1963), provides, in effect

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

`affecting' as it is used in the second sentence of Section 712.02 in the clause `affecting the title to the land'

Wilson v. Kelley

226 So. 2d 123

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

Cited 10 times | Published

persons to rely on a record title as described in § 712.02 subject only to such limitations as appear in

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

action against the McDonalds' property. Under section 712.02, Florida Statutes, "when a person or his predecessors

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

record not specifically claimed or reserved. Section 712.02 of MRTA expressly provides that any person

Sawyer v. Modrall

286 So. 2d 610

District Court of Appeal of Florida | Filed: Nov 23, 1973 | Docket: 1714521

Cited 8 times | Published

supplied.) 236 So.2d 114, at 119. Thus, under Section 712.02 of the Act any person with the legal capacity

Moore v. Smith-Snagg

793 So. 2d 1000, 2001 WL 698013

District Court of Appeal of Florida | Filed: Aug 24, 2001 | Docket: 1266904

Cited 7 times | Published

PALMER, J., concurs in result only. NOTES [1] § 712.02, Fla.Stat.

City of Jacksonville v. Horn

496 So. 2d 204, 11 Fla. L. Weekly 2200

District Court of Appeal of Florida | Filed: Oct 15, 1986 | Docket: 428563

Cited 6 times | Published

the thirty year period required by the MRTA, section 712.02, Florida Statutes (1985). The purpose of the

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

legislative purpose." § 712.10, Fla. Stat. (1993). Section 712.02[4] provides that, when a record owner, alone

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

except claims preserved by section 712.03. Section 712.02, Fla. Stat. (1989). Townsend and Caruana argue

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

clear of the restrictive covenants by virtue of section 712.02, Florida Statutes, the Florida Marketable Record

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. The legislature adopted MRTA in 1963. Section 712.02, Florida Statutes (1963) provides that any

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

legislature adopted the Marketable Record Title Act, section 712.02, Florida Statutes (1963), which provides that

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

estate in land of record for 30 years or more." § 712.02, Fla. Stat. Such a person shall have marketable

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

been of record for not less than thirty years. Section 712.02, Florida Statutes (1979). A title transaction

Lehmann v. Cocoanut Bayou Ass'n

157 So. 3d 289, 2014 Fla. App. LEXIS 17640, 2014 WL 5461970

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60246052

Cited 2 times | Published

forth as exceptions to marketability in s. 712.08. § 712.02, Fla. Stat. (2012). CBA’s complaint alleged that

Sunshine Vistas Homeowners Ass'n v. Caruana

597 So. 2d 809

District Court of Appeal of Florida | Filed: May 5, 1992 | Docket: 1704690

Cited 2 times | Published

712.03." Section 712.10, Fla. Stat. (1989). Section 712.02, Florida Statutes (1989), "in effect provides

ITT RAYONIER INCORPORATED v. Wadsworth

386 F. Supp. 940, 1975 U.S. Dist. LEXIS 14519

District Court, M.D. Florida | Filed: Jan 3, 1975 | Docket: 2155147

Cited 2 times | Published

Act, adopted in 1963, however, provides in Section 712.02: "Any person having the legal capacity to own

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

restrictive covenant constitutes a “claim” under section 712.02, or whether the restrictive zoning covenant

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

to divest such claimant of the estate claimed. § 712.02, Fla. Stat. (2008). MRTA refers to that title

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

to rely on a record title as described in [section] 712.02 subject only to such limitations as appear

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

all claims of an interest in land. Fla. Stat. § 712.02. Section 712.03 of the Act contains several exceptions

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

Whether MRTA Applies To Extinguish The Easement “Section 712.02 of MRTA expressly provides that any person

Chicago Title v. Florida Inland Nav. District

635 So. 2d 104, 1994 WL 101291

District Court of Appeal of Florida | Filed: Mar 30, 1994 | Docket: 1353447

Cited 1 times | Published

easement were extinguished under the provisions of Section 712.02, Florida Statutes (1989) due to its nonuse

St, Dept. of Natural Res. v. Bronsons

469 So. 2d 214

District Court of Appeal of Florida | Filed: May 23, 1985 | Docket: 1679456

Cited 1 times | Published

to the Marketable Record Title Act (MRTA), section 712.02 et seq., Florida Statutes, that act can extinguish

Travick v. Parker

436 So. 2d 957

District Court of Appeal of Florida | Filed: Jul 21, 1983 | Docket: 1701198

Cited 1 times | Published

to divest such claimant of the estate claimed. § 712.02, Fla. Stat. (1981). [2] Under section 712.05

Eddie Dorsey, a/k/a Eddie Dorsey, Jr., Audrey Dorsey, Cynthia Riggins, Johnnie Mae Dorsey, James Dorsey, Lillie Dorsey a/k/a Lillie Ruth Dorsey v. Franklin Robinson, Josephine Robinson, and Mary Thompson

270 So. 3d 462

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882795

Published

claimed. 3 § 712.02, Fla. Stat. (2016). Subject to section 712

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

Waller, 51 So. 3d 625, 628 (Fla. 2d DCA 2011). Section 712.02, Florida Statutes (2015), provides that "[a]ny

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

By operation of MRTA, specifically section 712.02, Eastwood Shores' declaration of restrictions

Department of Transportation v. Mid-Peninsula Realty Investment Group, LLC

171 So. 3d 771, 2015 Fla. App. LEXIS 11329, 2015 WL 4549196

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679085

Published

1224 (Fla.2004). To effectuate that purpose, section 712.02 permits the clearing of title to any property

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

to divest such claimant of the estate claimed. § 712.02, Fla. Stat. “[The MRTA] eliminates all stale claims

Department of Transportation v. Mid-Peninsula Realty Investment Group, LLC

162 So. 3d 218, 2015 Fla. App. LEXIS 1947, 2015 WL 630201

District Court of Appeal of Florida | Filed: Feb 13, 2015 | Docket: 2634276

Published

1224 (Fla.2004). To effectuate that purpose, section 712.02 permits the clearing of title to any property

Barney v. Silver Lakes Acres Property

159 So. 3d 181, 2015 Fla. App. LEXIS 1558, 2015 WL 477675

District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 60246514

Published

exceptions to marketability set forth in the statute. § 712.02, Fla. Stat. (2014). Accordingly, the Act extinguishes

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

Pinellas Park, 887 So.2d 1224, 1227 (Fla.2004). “Section 712.02, Florida Statutes (2003), provides that ‘[a]ny

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

a root of title from being extinguished by section 712.02(1), Florida Statutes. The material question

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

that chain of title. Florida Statutes section 712.02 provides in part: A person shall have

BD. OF TRUSTEES OF INT. v. Stevens

472 So. 2d 1287, 10 Fla. L. Weekly 1717

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 1793830

Published

deeds which are the Stevenses' "root of title." § 712.02(2), Fla. Stat. (1981). Their titles under these

Hope v. Hope

410 So. 2d 212, 1982 Fla. App. LEXIS 22281

District Court of Appeal of Florida | Filed: Feb 24, 1982 | Docket: 64588108

Published

upon marketable record title as defined in section 712.02. We therefore apply the reasoning of Allen

Kittrell v. Clark

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

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

Published

to divest such claimant of the estate claimed. § 712.02, Fla.Stat. (1975). Section 712.03 lists the interests

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

affects title to any estate or interest in land.” F.S. 712.02 provides: “Any person having the legal capacity

Kittrell v. Clark

363 So. 2d 373

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

Published

exceptions to marketability in Section 712.03." Section 712.02. Section 712.03 lists the rights that are not

Marshall v. Hollywood, Inc.

236 So. 2d 114, 1970 Fla. LEXIS 2729

Supreme Court of Florida | Filed: May 13, 1970 | Docket: 64514914

Published

to rely on a record title as described by F.S. § 712.02, F.S.A., subject only to such limitations as appea'r