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: District Court of Appeal of Florida | Date Filed: 2019-06-07

Citation: 274 So. 3d 513

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

Mullins v. Mullins

Court: District Court of Appeal of Florida | Date Filed: 2019-06-07

Citation: 274 So. 3d 513

Snippet: 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

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

Citation: 270 So. 3d 462

Snippet: 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

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

Snippet: 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

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

Citation: 264 So. 3d 264

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

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

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

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: 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

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

Citation: 162 So. 3d 218, 2015 Fla. App. LEXIS 1947

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

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2013-09-30

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

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

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: title under section 712.03(1) or by recording a proper notice under sections 712.03(2), 712.05, and 712

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

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: except those set forth as exceptions in section 712.03.[3] Section *1228 712.04, Florida Statutes (2003)

Cirelli v. Ent

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

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

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

Berger v. Riverwind Parking, LLP

Court: District Court of Appeal of Florida | Date Filed: 2003-03-07

Citation: 842 So. 2d 918, 2003 Fla. App. LEXIS 2862, 2003 WL 826551

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

Thompson v. DEPARTMENT OF CHILD. AND FAM.

Court: District Court of Appeal of Florida | Date Filed: 2003-01-24

Citation: 835 So. 2d 357, 2003 WL 160173

Snippet: § 1396p(c)(1)(B)(i); Fla. Admin. Code R. 65A-1.712(3).[3] More specifically, if a *360 transfer of assets