Florida Statute 712.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY

View Entire Chapter

F.S. 712.03

712.03 Exceptions to marketability.—Such marketable record title shall not affect or extinguish the following rights:

(1) Estates or interests, easements and use restrictions disclosed by and defects inherent in the muniments of title on which said estate is based beginning with the root of title, provided that in the muniments of title those estates, interests, easements, or use restrictions created before the root of title are preserved by identification in the legal description of the property by specific reference to the official records book and page number, instrument number, or plat name or there is otherwise an affirmative statement in a muniment of title to preserve such estates, interests, easements, or use restrictions created before the root of title as identified by the official records book and page or instrument number; subject, however, to subsection (5).

(2) Estates, interests, claims, or charges, or any covenant or restriction, preserved by the filing of a proper notice in accordance with the provisions hereof.

(3) Rights of any person in possession of the lands, so long as such person is in such possession.

(4) Estates, interests, claims, or charges arising out of a title transaction which has been recorded subsequent to the effective date of the root of title.

(5) Recorded or unrecorded easements or rights, interest or servitude in the nature of easements, rights-of-way and terminal facilities, including those of a public utility or of a governmental agency, so long as the same are used and the use of any part thereof shall except from the operation hereof the right to the entire use thereof. No notice need be filed in order to preserve the lien of any mortgage or deed of trust or any supplement thereto encumbering any such recorded or unrecorded easements, or rights, interest, or servitude in the nature of easements, rights-of-way, and terminal facilities. However, nothing herein shall be construed as preserving to the mortgagee or grantee of any such mortgage or deed of trust or any supplement thereto any greater rights than the rights of the mortgagor or grantor.

(6) Rights of any person in whose name the land is assessed on the county tax rolls for such period of time as the land is so assessed and which rights are preserved for a period of 3 years after the land is last assessed in such person’s name.

(7) State title to lands beneath navigable waters acquired by virtue of sovereignty.

(8) A restriction or covenant recorded pursuant to chapter 376 or chapter 403.

(9) Any right, title, or interest held by the Board of Trustees of the Internal Improvement Trust Fund, any water management district created under chapter 373, or the United States.

History.—s. 3, ch. 63-133; s. 12, ch. 65-420; s. 1, ch. 73-218; s. 1, ch. 78-288; s. 2, ch. 97-202; s. 17, ch. 2000-317; s. 1, ch. 2010-104; s. 1, ch. 2022-171.

F.S. 712.03 on Google Scholar

F.S. 712.03 on CourtListener

Amendments to 712.03

Annotations, Discussions, Cases:

Cases Citing Statute 712.03

Total Results: 61

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

claims" except those set forth as exceptions in section 712.03.[3] Section *1228 712.04, Florida Statutes

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

matters set forth as exceptions to marketability in § 712.03. A person shall have a marketable record title

Marshall v. Hollywood, Inc.

236 So. 2d 114

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

Cited 26 times | Published

subject only to such limitations as appear in F.S. § 712.03, F.S.A. To accept petitioner's arguments would

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

as follows: "Subject to the matters stated in § 712.03, such marketable record title shall be free and

Marshall v. Hollywood, Inc.

224 So. 2d 743

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

Cited 20 times | Published

matters set forth as exceptions to marketability in § 712.03. A person shall have a marketable *749 record

Odom v. Deltona Corp.

341 So. 2d 977

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

Cited 14 times | Published

exceptions to marketability in Section 712.03'. The exceptions in F.S. 712.03 include (1) estates, easements

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

all claims with the exceptions set forth in section 712.03. Therefore MRTA can even confer marketability

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

clear of all claims except those set forth in section 712.03, Florida Statutes. When the Marketable Record

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

Record Title Act provided by Florida Statutes, Section 712.03(1)? "3. If the answer to 1 is in the affirmative

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

Record Title Act provided by Florida Statutes, Section 712.03(1)? "3. If the answer to 1 is in the affirmative

Wilson v. Kelley

226 So. 2d 123

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

Cited 10 times | Published

subject only to such limitations as appear in § 712.03." Fla. Stat. § 712.10 (1967), F.S.A. [6] These

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

all claims with the exceptions set forth in section 712.03." Holland v. Hattaway, 438 So.2d 456, 463 (Fla

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

interest in land except those preserved by section 712.03: Any person having the legal capacity to own

Reid v. Bradshaw

302 So. 2d 180

District Court of Appeal of Florida | Filed: Oct 24, 1974 | Docket: 1758636

Cited 8 times | Published

specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section 712.05

Modrall v. Sawyer

297 So. 2d 562

Supreme Court of Florida | Filed: May 22, 1974 | Docket: 1510424

Cited 8 times | Published

found that none of the exceptions of Fla. Stat. § 712.03, F.S.A., were applicable to the facts of the case

Sawyer v. Modrall

286 So. 2d 610

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

Cited 8 times | Published

clear of all claims except those enumerated in Section 712.03, F.S. 1971, none of which are applicable in

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

extinguishment, under the provisions set forth in section 712.03(5) of the MRTA, which excepts from operation

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

claims except matters preserved by section 712.03. Section 712.03 provides in pertinent part: 712.03

Askew v. Sonson

409 So. 2d 7

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 525680

Cited 5 times | Published

navigable waters acquired by virtue of sovereignty." § 712.03(7), Fla. Stat. (Supp. 1978). *9 It is clear that

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

subject only to such limitations as appear in [section] 712.03[, Florida Statutes (1989)]." § 712.10, Fla

Florida Dept. of Transp. v. Dardashti Properties

605 So. 2d 120, 1992 WL 197857

District Court of Appeal of Florida | Filed: Aug 19, 1992 | Docket: 1343434

Cited 4 times | Published

exceptions to marketability provided for in F.S. 712.03." Judge Fine had earlier noted, when he heard

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

parties, and (3) that this is sufficient under section 712.03(1) to preserve the restrictions from being

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

decided Odom, the 1978 legislature amended section 712.03, Florida Statutes, to exempt state title to

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

claims, with the exception of those set forth in section 712.03. Appellee brought an action to quiet title

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

than seven exceptions expressly set forth in Section 712.03. None of these exceptions are applicable to

Bd. of Trustees v. Paradise Fruit Co., Inc.

432 So. 2d 37

Supreme Court of Florida | Filed: May 9, 1983 | Docket: 334677

Cited 3 times | Published

jurisdiction because the district court declared section 712.03(7), Florida Statutes (1979), to be unconstitutional

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

excepted from the operation of MRTA by statute. Section 712.03(7), Florida Statutes (1979). [2] We note that

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

competing rights under certain exceptions. See § 712.03. And “MRTA can even confer marketability to a

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

exceptions in section 712.03." Cunningham v. Haley, 501 So.2d 649, 651 (Fla. 5th DCA 1986). Section 712.03, Florida

Wernle v. Bellemead Development Corporation

308 So. 2d 97

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 1252042

Cited 2 times | Published

matters set forth as exceptions to marketability in § 712.03. A person shall have a marketable record title

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

matters set forth as exceptions to marketability in § 712.03. A person shall have a marketable record title

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

Chapter' 712 mentions “use restrictions” only in section 712.03(1), which provides an exception to extinguishment

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

FDOT asserts that the exception contained in section 712.03(5), Florida Statutes (2008), which preserves

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

identification in the muniments of title under section 712.03(1) or by recording a proper notice under sections

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

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

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

interest in land except those preserved by section 712.03 ....” H & F Land, Inc. v. Panama City-Bay County

H & F LAND, INC. v. Panama City

706 So. 2d 327, 1998 WL 5414

District Court of Appeal of Florida | Filed: Jan 12, 1998 | Docket: 1280425

Cited 1 times | Published

one of the enumerated exceptions to MRTA, see section 712.03; and which has not been timely asserted under

Amber Perrin v. State of Florida, Department of Transportation

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210001

Published

recorded 4 Perrin argued that either (i) section 712.03(1) of the Florida Statutes provided a MRTA

Mullins v. Mullins

274 So. 3d 513

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64718340

Published

so long as such person is in such possession." § 712.03(3), Florida Statutes (2011). Based on the foregoing

Mullins v. Mullins

274 So. 3d 513

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64718341

Published

so long as such person is in such possession." § 712.03(3), Florida Statutes (2011). Based on the foregoing

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

Hightower satisfy the possession exception of section 712.03(3), Florida Statutes, to the Marketable Record

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

except" those set forth as exceptions in section 712.03. This is echoed in section 712.04, which states

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

declaration of covenants and restrictions. See § 712.03(1) (providing that MRTA does not extinguish "easements

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

court that the exception to MRTA set forth in section 712.03(3), Florida Statutes (2003), does not apply

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

in the disputed property is preserved under section 712.03(5), Florida Statutes (2008). Therefore, I concur

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

court that the exception to MRTA set forth in section 712.03(5), Florida Statutes (2003), does not apply

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

found in section 712.03(1), Florida Statutes (2014). The exception found in section 712.03, Florida Statutes

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

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

District Court of Appeal of Florida | Filed: Sep 30, 2013 | Docket: 60236949

Published

second and fourth bolded coverage clauses. . Section 712.03 exempts from the provisions of the MRTA estates

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

forth as exceptions in section 712.03.” Id. (footnote omitted). Section 712.03(2), Florida Statutes (2010)

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

do so. It does not meet the requirement of section 712.03(1) to refer by book and page number to the

Water Control District of South Brevard v. Davidson

638 So. 2d 521, 1994 Fla. App. LEXIS 3906, 1994 WL 151312

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 64749186

Published

or post-root documents by specific reference. § 712.03, Fla.Stat. (1991); Gregory M. Cook, The Marketable

Sullivan v. Woodward

582 So. 2d 31, 1991 Fla. App. LEXIS 5574, 1991 WL 104638

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 64659962

Published

been raised, it would have be inapplicable. Section 712.03(4), Florida Statutes, would act to preclude

White Sands, Inc. v. Sea Club v. Condominium Ass'n

581 So. 2d 589, 1990 Fla. App. LEXIS 9022, 1990 WL 186728

District Court of Appeal of Florida | Filed: Nov 28, 1990 | Docket: 64659569

Published

(MRTA), chapter 712, Florida Statutes (1987). Section 712.03(5) excepts recorded or unrecorded easements

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

of the statutory exceptions. See id. § 712.03. The defendants argued before the district

South Florida Water Management District v. Muroff

508 So. 2d 510, 12 Fla. L. Weekly 1459, 95 Oil & Gas Rep. 250, 1987 Fla. App. LEXIS 8741

District Court of Appeal of Florida | Filed: Jun 10, 1987 | Docket: 64627833

Published

a root of title as defined in the MRTA; and section 712.03(2) requires that for an interest in land to

Board of Trustees of the Internal Improvement Fund v. Stevens

495 So. 2d 167, 11 Fla. L. Weekly 511, 1986 Fla. LEXIS 2706

Supreme Court of Florida | Filed: Oct 2, 1986 | Docket: 64622020

Published

question as being of great public importance: Can section 712.03(7) [Florida Statutes (Supp.1978) ] be applied

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

(1970). The Trustees' second point is that section 712.03(7), Florida Statutes (Supp. 1978), of the MRTA

Kittrell v. Clark

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

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

Published

estate claimed. § 712.02, Fla.Stat. (1975). Section 712.03 lists the interests that are not extinguishable

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

exception to Chapter 712 as set out in F.S.A. Section 712.03(4). This Court is of the opinion that said

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

subject only to such limitations as appea'r in F.S. § 712.03, F.S.A. To accept petitioner’s arguments would