Florida Statute 712.03 | 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. 712.03

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

¹(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.

¹Note.—Section 6, ch. 2022-171, provides that “[a] person with an interest in land which may potentially be extinguished by this act, and whose interest has not been extinguished before July 1, 2022, must file a notice pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to preserve such interest. Any county as defined in s. 125.011(1), Florida Statutes, with an interest in land which may potentially be extinguished by this act, and whose interest has not been extinguished before July 1, 2022, must file a notice pursuant to s. 712.06, Florida Statutes, by July 1, 2025, to preserve such interest.”

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F.S. 712.03 on Casetext

Amendments to 712.03

Arrestable Offenses / Crimes under Fla. Stat. 712.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.03.

Annotations, Discussions, Cases:

Cases Citing Statute 712.03

Total Results: 20

Mullins v. Mullins

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:00:00-07:00

Citation: 274 So. 3d 513

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

Mullins v. Mullins

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:00:00-07:00

Citation: 274 So. 3d 513

Snippet: 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

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

Snippet: Hightower satisfy the possession exception of section 712.03(3), Florida Statutes, to the Marketable Record …Appellants meet the possession exception of section 712.03(3), as well as their claim that Lillie Dorsey and…areas of the eighteen acres pursuant to section 712.03(3), the rest of the Appellants have no rights to…Appellants who have a possessory interest under section 712.03(3). This appeal followed. … forth as exceptions to marketability in s. 712.03. A person shall have a marketable record title

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: quot; those set forth as exceptions in section 712.03. This is echoed in section 712.04, which states…within one of the exceptions set out in section 712.03.3 Otherwise, the statute declares the interest…within one of the exceptions contained in section 712.03. See §§ 712.02, .04; Matissek, 51 So. 3d at 629…acknowledges that the exception provided for in section 712.03(1), which exempts interests created prior to the…lot. Instead, the Association relies on section 712.03(2), which exempts "[e]states, interests,

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: declaration of covenants and restrictions. See § 712.03(1) (providing that MRTA does not extinguish "…declaration of covenants in the condominium deeds. See § 712.03(1) (stating that MRTA shall not extinguish "

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

Snippet: 712 mentions “use restrictions” only in section 712.03(1), which provides an exception to extinguishment…post-root muniment of title and it was not preserved. § 712.03(1), Fla. Stat. (2012). Owner also argues that…712.01, which provides definitions; (ii) section 712.03, which delineates nine sets of rights that are …delineated as an exception to MRTA under section 712.03. 12 . We do not quarrel with the

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

Snippet: possession for purposes of section 712.03(3). Section 712.03(3) prohibits the ex-tinguishment of…that the exception to MRTA set forth in section 712.03(3), Florida Statutes (2003), does not apply to …finding that the exception set forth in section 712.03(5) does not apply to rights-of-way held in fee,…exception to root title status as set forth in section 712.03(5) applied. That exception provides in relevant…trial on DOT’s alternative argument that section 712.03(3) prohibits marketable record title from extinguishing

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: under section 712.03(1). *868The resolution of this case is dictated by-section 712.03(5), which provides…on section 712.03(1) to defeat Clipper Bay’s claim. The majority’s reliance on section 712.03(1) fails …the disputed property is preserved under section 712.03(5), Florida Statutes (2008). Therefore, I concur…recorded right-of-way within the meaning of section 712.03(5). Clipper Bay has presented no persuasive reason… DOT, does not fall within the scope of section 712.03(5). Under the plain terms of the statute, DOT’s

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

Snippet: possession for purposes of section 712.03(3). Section 712.03(3) prohibits the extinguishment…that the exception to MRTA set forth in section 712.03(5), Florida Statutes (2003), does not apply to…possessed the property as set forth in section 712.03(3), we affirm. …exception to root title status as set forth in section 712.03(5) applied. That exception provides in relevant… set forth as exceptions to marketability in s. 712.03."

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

Snippet: found in section 712.03(1), Florida Statutes (2014). The exception found in section 712.03, Florida Statutes…respective deeds fall within the first part of section 712.03, Florida Statutes (2014). Appellants, on the other…other hand, discount the first part of section 712.03(1), asserting the language set forth in their respective

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

Snippet: competing rights under certain exceptions. See § 712.03. And “MRTA can even confer marketability to a chain…whether any of the exceptions stated in section 712.03 apply to preclude the statute’s application. The…requirement of the exception specified in section 712.03(4) and that therefore MRTA did not transform the…root of title,” the exception to MRTA in section 712.03(4) is triggered. The 1953 Thomas/Thomas deed included…last day of the thirty-year period. . Section 712.03(4) states that marketable record title does not

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-30T00:00:00-07:00

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

Snippet: 712.04 of the MRTA states that “[sjubject to s. 712.03,3 a marketable record title is free and clear of…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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-17T00:00:00-07:00

Citation: 111 So. 3d 283

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

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

Snippet: under section 712.03(5), which preserves pre-root easements and rights-of-way. Section 712.03(5) states: …Application of Section 712.03(5), Florida Statutes We determine that section 712.03(5) is ambiguous as to…asserts that the exception contained in section 712.03(5), Florida Statutes (2008), which preserves easements…exception for easements and rights-of-way under section 712.03(5) precluded any portion of FDOT’s estate from …necessary *9for us to determine whether section 712.03(5) applies to FDOT’s fee estate. We find that it

Matissek v. Waller

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-14T00:00:00-08:00

Citation: 51 So. 3d 625

Snippet: title under section 712.03(1) or by recording a proper notice under sections 712.03(2), 712.05, and 712.06…only to such limitations as appear in [section] 712.03." Section 712.02, titled "Marketable …forth as exceptions to marketability in [section] 712.03. Similarly, section 712.04, titled "Interests…provides: Subject to the matters stated in [section] 712.03, such marketable record title shall be free and…Subsection (1) of the exceptions listed under section 712.03 states: Such marketable record title shall not

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

Snippet: interest in land except those preserved by section 712.03 ....” H & F Land, Inc. v. Panama City-Bay County…excepted or not affected by the provisions of s. 712.03 or s. 712.04.” § 704.05(1), Fla. Stat. (2002); … to the instant case are found' in section 712.03(1), Florida Statutes, relating to easements disclosed…disclosed in the muniments of title and section 712.03(5), Florida Statutes, relating to prior use of the…these exceptions apply. The exception under section 712.03(1) preserves “[ejstates or interests, easements

Blanton v. City of Pinellas Park

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

Citation: 887 So. 2d 1224

Snippet: except those set forth as exceptions in section 712.03.[3] Section *1228 712.04, Florida Statutes (2003…pertinent part: Subject to the matters stated in s. 712.03, such marketable record title shall be free and…exempted from MRTA's provisions under section 712.03 can be preserved by recording that interest as …except those set forth as exceptions in section 712.03 (emphasis supplied). In H & F Land, we …exception for statutory ways of necessity in section 712.03, we note that the "all claims" language

Cirelli v. Ent

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-18T00:00:00-07:00

Citation: 885 So. 2d 423

Snippet: provided in section 712.03, applied. It is undisputed that no notice, pursuant to section 712.03(2), Florida …claims with the exceptions set forth in section 712.03." Holland v. Hattaway, 438 So.2d 456, 463 … set forth as exceptions to marketability in s. 712.03. A person shall have a marketable record title …subject only to such limitations as appear in s. 712.03." § 712.10, Fla. Stat. (2002). In ITT Rayonier…pertinent part: Subject to the matters stated in s. 712.03, such marketable record title shall be free and

Berger v. Riverwind Parking, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-07T00:00:00-08:00

Citation: 842 So. 2d 918

Snippet: so. It does not meet the requirement of section 712.03(1) to refer by book and page number to the instrument…922recorded after the root of title. They cite section 712.03(4) Fla. Stat. (2001), which exempts “estates, interests…claim, or charge affecting title. In subsection 712.03(2), the legislature distinguished between “estates…Further, even if restrictions fall within subsection 712.03(4), we believe that to be a “title transaction,…reference so as to meet the provisions of section 712.03(1) and thereby preserve the restrictions from being

Thompson v. DEPARTMENT OF CHILD. AND FAM.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-23T23:53:00-08:00

Citation: 835 So. 2d 357

Snippet: § 1396p(c)(1)(B)(i); Fla. Admin. Code R. 65A-1.712(3).[3] More specifically, if a *360 transfer of assets…the penalty period.[5] Fla. Admin. Code R. 65A-1.712(3). Medicaid does not, however, prohibit eligibility…planning purposes). [3] Fla. Admin. Code R. 65A-1.712(3) provides in pertinent part: (3) Transfer of Resources