712.03
Exceptions to marketability.
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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.
Notes of Decisions
Cited in 64
cases (2 in the last 5 years), 1969–2026 · leading case: Florida Department of Transportation v. Clipper Bay Investments, LLC
Florida Department of Transportation v. Clipper Bay Investments, LLC (2015)
“§ 712.03, Fla. Stat. Clipper Bay claims as its root of title 1 a warranty deed from Julio and Sue DeJoris to Escambia Shores, Inc.”
Holland v. Hattaway (1983)
“04, Florida Statutes (1981)) provide that 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…”
Clipper Bay Investments, LLC v. State Department of Transportation (2013)
“§ 712.03, Fla. Stat. (emphasis added). Clipper Bay argues that the plain language of subsection (5) pertains to easements and rights-of-way, not fee estates.”
H & F Land v. Panama City-Bay Co. Airport (1999)
“In rejecting both contentions, this Court disagreed with the children's broad interpretation of section 712.03(1) and held "[s]ince there is nothing on the face of the deed, in its make up or construction, to indicate that it conveys the children's remainder interest, those…”
Blanton v. City of Pinellas Park (2004)
“free and clear of all claims" except those set forth as exceptions in section 712.03. [3] Section *1228 712.04, Florida Statutes (2003), titled "Interests extinguished by marketable record title" provides in pertinent part: Subject to the matters stated in s.”
ITT Rayonier, Inc. v. Wadsworth (1977)
“Question # 2: Section 712.03, Florida Statutes, provides that marketable record title will not extinguish six categories of rights that predate the root of title.”
Cunningham v. Haley (1986)
“02(1), Florida Statutes, in effect provides that when any person and his predecessors in title have had an estate in land of record for thirty years or more, that person has a marketable record title free and clear of all claims except matters set forth in the exceptions in…”
City of Miami v. St. Joe Paper Co. (1978)
“03(1) refers only to defects in the makeup of the deed when we said: "Section 712.03, Florida Statutes, provides that marketable record title will not extinguish six categories of rights that predate the root of title.”
Cirelli v. Ent (2004)
“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 section 712.03." Holland…”
Askew v. Sonson (1981)
“) One important exception for governmental entities is any right, title, or interest reserved in the patent or deed by which it parted with the title. Section sixteen lands, or school lands, could not be included in this exception or the exceptions to marketability listed in…”
STATE, ETC. v. Contemporary Land Sales, Inc. (1981)
“02, Florida Statutes (1963), provides, in effect, that any person whose chain of title extends from any title transaction recorded over thirty years has a marketable record title free and clear of all claims except those set forth in section 712.03, Florida Statutes. When the…”
Save Calusa Trust v. St. Andrews Holdings, Ltd. (2016)
“01, which provides definitions; (ii) section 712.03, which delineates nine sets of rights that are exempt from extinguishment by MRTA; .”
— 712.03(1) — 20 cases
Florida Department of Transportation v. Clipper Bay Investments, LLC (2015)
“§ 712.03, Fla. Stat. Clipper Bay claims as its root of title 1 a warranty deed from Julio and Sue DeJoris to Escambia Shores, Inc.”
Cunningham v. Haley (1986)
“02(1), Florida Statutes, in effect provides that when any person and his predecessors in title have had an estate in land of record for thirty years or more, that person has a marketable record title free and clear of all claims except matters set forth in the exceptions in…”
H & F Land v. Panama City-Bay Co. Airport (1999)
“In rejecting both contentions, this Court disagreed with the children's broad interpretation of section 712.03(1) and held "[s]ince there is nothing on the face of the deed, in its make up or construction, to indicate that it conveys the children's remainder interest, those…”
City of Miami v. St. Joe Paper Co. (1978)
“03(1) refers only to defects in the makeup of the deed when we said: "Section 712.03, Florida Statutes, provides that marketable record title will not extinguish six categories of rights that predate the root of title.”
Save Calusa Trust v. St. Andrews Holdings, Ltd. (2016)
“01, which provides definitions; (ii) section 712.03, which delineates nine sets of rights that are exempt from extinguishment by MRTA; .”
— 712.03(2) — 7 cases
Cirelli v. Ent (2004)
“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 section 712.03." Holland…”
H & F Land v. Panama City-Bay Co. Airport (1999)
“In rejecting both contentions, this Court disagreed with the children's broad interpretation of section 712.03(1) and held "[s]ince there is nothing on the face of the deed, in its make up or construction, to indicate that it conveys the children's remainder interest, those…”
Matissek v. Waller (2011)
SCOTT LYDAY & TAMMY LYDAY v. MYAKKA VALLEY RANCHES IMPROVEMENT ASSOCIATION, INC. & VIVIAN ZABIK (2019)
— 712.03(3) — 6 cases
ITT Rayonier, Inc. v. Wadsworth (1977)
“Question # 2: Section 712.03, Florida Statutes, provides that marketable record title will not extinguish six categories of rights that predate the root of title.”
Mullins v. Mullins (2019)
— 712.03(4) — 8 cases
Holland v. Hattaway (1983)
“04, Florida Statutes (1981)) provide that 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…”
Kittrell v. Clark (1978)
Sullivan v. Woodward (1991)
— 712.03(5) — 11 cases
Clipper Bay Investments, LLC v. State Department of Transportation (2013)
“§ 712.03, Fla. Stat. (emphasis added). Clipper Bay argues that the plain language of subsection (5) pertains to easements and rights-of-way, not fee estates.”
Florida Department of Transportation v. Clipper Bay Investments, LLC (2015)
“§ 712.03, Fla. Stat. Clipper Bay claims as its root of title 1 a warranty deed from Julio and Sue DeJoris to Escambia Shores, Inc.”
City of Jacksonville v. Horn (1986)
— 712.03(6) — 3 cases
Holland v. Hattaway (1983)
“04, Florida Statutes (1981)) provide that 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…”
City of Miami v. St. Joe Paper Co. (1978)
“03(1) refers only to defects in the makeup of the deed when we said: "Section 712.03, Florida Statutes, provides that marketable record title will not extinguish six categories of rights that predate the root of title.”
Sullivan v. Woodward (1991)
— 712.03(7) — 7 cases
Askew v. Sonson (1981)
“) One important exception for governmental entities is any right, title, or interest reserved in the patent or deed by which it parted with the title. Section sixteen lands, or school lands, could not be included in this exception or the exceptions to marketability listed in…”
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