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: Supreme Court of Florida | Date Filed: 2024-03-21

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: District Court of Appeal of Florida | Date Filed: 2019-04-05

Citation: 270 So. 3d 462

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

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

Court: District Court of Appeal of Florida | Date Filed: 2019-03-15

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Citation: 264 So. 3d 264

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

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

Court: District Court of Appeal of Florida | Date Filed: 2016-01-13

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: District Court of Appeal of Florida | Date Filed: 2015-07-29

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

Florida Department of Transportation v. Clipper Bay Investments, LLC

Court: Supreme Court of Florida | Date Filed: 2015-03-26

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: District Court of Appeal of Florida | Date Filed: 2015-02-13

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

Barney v. Silver Lakes Acres Property

Court: District Court of Appeal of Florida | Date Filed: 2015-02-06

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

White v. Guardianship of Gary L. Lubin

Court: District Court of Appeal of Florida | Date Filed: 2014-11-21

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: District Court of Appeal of Florida | Date Filed: 2014-10-29

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

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

Court: District Court of Appeal of Florida | Date Filed: 2013-04-17

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: District Court of Appeal of Florida | Date Filed: 2013-02-05

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

M.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-11

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: District Court of Appeal of Florida | Date Filed: 2011-01-14

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

Muldrow v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2010-03-31

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: District Court of Appeal of Florida | Date Filed: 2005-01-14

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: Supreme Court of Florida | Date Filed: 2004-10-21

Citation: 887 So. 2d 1224, 2004 WL 2359991

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

Cirelli v. Ent

Court: District Court of Appeal of Florida | Date Filed: 2004-10-18

Citation: 885 So. 2d 423, 2004 WL 2340685

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

Higbee v. Higbee

Court: District Court of Appeal of Florida | Date Filed: 2004-04-02

Citation: 871 So. 2d 970, 2004 Fla. App. LEXIS 4334, 2004 WL 689292

Snippet: be perpetrated more easily.” Macar, 803 So.2d at 712.2 Nor had the parties in this case engaged in any