Florida Statutes
Fla. Stat. § 712.02 (2025)
Marketable record title; suspension of applicability.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 51
cases (1 in the last 5 years), 1969–2026 · leading case: Holland v. Hattaway, 438 So. 2d 456 (Fla. 5th DCA 1983).
Holland v. Hattaway, 438 So. 2d 456 (Fla. 5th DCA 1983). “(1981)) and of the Marketable Record Title Act (MRTA) (§ 712.02, Fla. Stat. (1981)). *459 Appellants filed a quiet title action seeking an adjudication that appellants owned Lot 2, Block B, and that appellees did not have an easement over the northerly 25 feet of that lot.”
Cunningham v. Haley, 501 So. 2d 649 (Fla. 5th DCA 1986). “They also allege that the use restrictive covenants were created in a recorded deed in 1944 prior to the *651 root of title [1] in each of appellants' chains of title and that appellants' titles have been made marketable and free and clear of the restrictive covenants by virtue…”
Marshall v. Hollywood, Inc., 224 So. 2d 743 (Fla. 4th DCA 1969). “Section 712.02 reads as follows: "Any person having the legal capacity to own land in this state, who, alone or together with his predecessors in title, has been vested with any estate in land of record for thirty years or more, shall have a marketable record title to such…”
Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004). “Section 712.02, Florida Statutes (2003), provides that "[a]ny person .”
Dorothy M. Faison v. Tonya Lewis, 32 N.E.3d 400 (NY 2015). “Notably, although the majority observes that Florida technically imposes no statute of limitations in this context, that state has the "Marketable Record Title Act," which, with certain exceptions, essentially deems properly recorded deeds to be valid after a 30-year period (see…”
Cirelli v. Ent, 885 So. 2d 423 (Fla. 5th DCA 2004). “Under section 712.02, Florida Statutes, "when a person or his predecessors in title has been vested with any estate in land of record for 30 years or more, he shall have a marketable record title to such estate free and clear of all claims with the exceptions set forth in…”
ITT Rayonier, Inc. v. Wadsworth, 346 So. 2d 1004 (Fla. 1977). “to simplify and facilitate land title transactions by allowing persons to rely on a record title as described by F.S. § 712.02, F.S.A., subject only to such limitations as appear in F.”
H & F Land v. Panama City-Bay Co. Airport, 736 So. 2d 1167 (Fla. 1999). “03: Any person having the legal capacity to own land in this state, who, alone or together with 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…”
Martin v. Town of Palm Beach, 643 So. 2d 112 (Fla. 4th DCA 1994). “§ 712.02, Fla. Stat. (1993). [5] Section 712.”
Florida Dep't of Transp. v. Clipper Bay Investments, LLC, 160 So. 3d 858 (Fla. 2015). “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)…”
Moore v. Smith-Snagg, 793 So. 2d 1000 (Fla. 5th DCA 2001). “…We deny the Motion for Rehearing. MOTION DENIED. COBB, J., concurs. PALMER, J., concurs in result only. NOTES [1] § 712.02, Fla.Stat.”
Trs. of Tufts Coll. v. Triple R. Ranch, Inc., 275 So. 2d 521 (Fla. 1973). “Section 712.02, Fla. Stat., F.S.A., provides: "Marketable record title.”
— 712.02(1) — 2 cases
Cunningham v. Haley, 501 So. 2d 649 (Fla. 5th DCA 1986). “They also allege that the use restrictive covenants were created in a recorded deed in 1944 prior to the *651 root of title [1] in each of appellants' chains of title and that appellants' titles have been made marketable and free and clear of the restrictive covenants by virtue…”
Berger v. Riverwind Parking, LLP, 842 So. 2d 918 (Fla. 5th DCA 2003).
— 712.02(2) — 1 case
Bd. of Trs. of Int. v. Stevens, 472 So. 2d 1287 (Fla. 2d DCA 1985).
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