Florida Statute 712.02 | 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. 712.02

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 Casetext

Amendments to 712.02

Arrestable Offenses / Crimes under Fla. Stat. 712.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.02.

Annotations, Discussions, Cases:

Cases Citing Statute 712.02

Total Results: 20

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

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

Snippet: subsequently ratified the compact pursuant to section 285.712(2), Florida Statutes. Among other forms of gaming,

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:53:00-07:00

Snippet: claimed. 3 § 712.02, Fla. Stat. (2016). Subject to section 712.03…persons to rely on a record title as described in s. 712.02 subject only to such limitations as appear in s

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: 51 So. 3d 625, 628 (Fla. 2d DCA 2011). Section 712.02, Florida Statutes (2015), provides that "…exceptions contained in section 712.03. See §§ 712.02, .04; Matissek, 51 So. 3d at 629; Berger v. Riverwind

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: By operation of MRTA, specifically section 712.02, Eastwood Shores' declaration of restrictions…except as to those exclusions expressly set forth. § 712.02. 3Interestingly,

Sand Lake Hills Homeowners Ass'n v. Busch

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-20T00:00:00-08:00

Citation: 210 So. 3d 706, 2017 Fla. App. LEXIS 568

Snippet: homeowners’ association within the meaning of chapter 712 and (2) it did not intentionally file a false or fictitious

Sand Lake Hills v. Busch

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-15T23:53:00-08:00

Snippet: homeowners’ association within the meaning of chapter 712 and (2) it did not intentionally file a false or fictitious

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

Citation: 171 So. 3d 771, 2015 Fla. App. LEXIS 11329

Snippet: (Fla.2004). To effectuate that purpose, section 712.02 permits the clearing of title to any property where… the Gulf of Mexico. 3 . Section 712.02 provides in relevant part that “[a]ny person having

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: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-13T00:00:00-08:00

Citation: 162 So. 3d 218, 2015 Fla. App. LEXIS 1947

Snippet: (Fla.2004). To effectuate that purpose, section 712.02 permits the clearing of title to any property where…rely on a record title as described in [section] 712.02 subject only to such limitations as appear in […then empties into the Gulf of Mexico. . Section 712.02 provides in relevant part that “[a]ny person having

Barney v. Silver Lakes Acres Property

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-06T00:00:00-08:00

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

Snippet: exceptions to marketability set forth in the statute. § 712.02, Fla. Stat. (2014). Accordingly, the Act extinguishes…fall within one or more statutory exceptions. § 712.02, Fla. Stat. (2014). The Association, on the other

White v. Guardianship of Gary L. Lubin

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-21T00:00:00-08:00

Citation: 150 So. 3d 1256, 2014 Fla. App. LEXIS 19259, 2014 WL 6497820

Snippet: burial. See Fla. Admin. Code r. 65A-1.712(2)(d) (2013) (excluding amounts designated for burial

Lehmann v. Cocoanut Bayou Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-29T00:00:00-07:00

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

Snippet: as exceptions to marketability in s. 712.08. § 712.02, Fla. Stat. (2012). CBA’s complaint alleged that…have the marketable record title to that estate. § 712.02. The statute then goes on to provide that the act

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

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: to divest such claimant of the estate claimed. § 712.02, Fla. Stat. (2008). MRTA refers to that title transaction…persons to rely on a record title as described in s.712.02 subject only to such limitations as appear in s

M.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-11T00:00:00-07:00

Citation: 95 So. 3d 247, 2012 WL 1231850, 2012 Fla. App. LEXIS 5475

Snippet: comply with his demands. Santiago 900 So.2d at 712.2 By contrast, in the instant case (as well as in

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: section] 712.02 subject only to such limitations as appear in [section] 712.03." Section 712.02, titled…to the root of title are extinguished by section 712.02 unless the use restrictions are disclosed and specifically

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

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

Blanton v. City of Pinellas Park

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

Citation: 887 So. 2d 1224

Snippet: liberally. See § 712.10, Fla. Stat. (2003). Section 712.02, Florida Statutes (2003), provides that "[…Control Dist., 604 So.2d 452, 455 (Fla.1992). Section 712.02 of MRTA provides that "[a]ny person ... vested