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The 2025 Florida Statutes
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F.S. 712.04712.04 Interests extinguished by marketable record title.—Subject to s. 712.03, a marketable record title is free and clear of all estates, interests, claims, covenants, restrictions, or charges, the existence of which depends upon any act, title transaction, event, zoning requirement, building or development permit, or omission that occurred before the effective date of the root of title. Except as provided in s. 712.03, all such estates, interests, claims, covenants, restrictions, or charges, however denominated, whether they are or appear to be held or asserted by a person sui juris or under a disability, whether such person is within or without the state, natural or corporate, or private or governmental, are declared to be null and void. However, this chapter does not affect any right, title, or interest of the United States, Florida, or any of its officers, boards, commissions, or other agencies reserved in the patent or deed by which the United States, Florida, or any of its agencies parted with title. This section may not be construed to alter or invalidate:(1) A comprehensive plan or plan amendment; zoning ordinance; land development regulation; building code; development permit; development order; or other law, regulation, or regulatory approval, to the extent such law, regulation, or regulatory approval operates independently of matters recorded in the official records; or (2) Any recorded covenant or restriction that on the face of the first page of the document states that it was accepted by a governmental entity as part of, or as a condition of, any such comprehensive plan or plan amendment; zoning ordinance; land development regulation; building code; development permit; development order; or other law, regulation, or regulatory approval. History.—s. 4, ch. 63-133; s. 1, ch. 65-280; s. 2, ch. 2010-104; s. 2, ch. 2022-171.
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Annotations, Discussions, Cases:
Cases Citing Statute 712.04
Total Results: 24
887 So. 2d 1224, 2004 WL 2359991
Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1515177
Cited 46 times | Published
claims" language is limited by section 712.04. Specifically, section 712.04 limits the claims extinguished
364 So. 2d 439
Supreme Court of Florida | Filed: Oct 5, 1978 | Docket: 462042
Cited 25 times | Published
that certain exceptions in Florida Statutes, Section 712.04, prevent the application of the Marketable
224 So. 2d 743
District Court of Appeal of Florida | Filed: Jun 30, 1969 | Docket: 1672016
Cited 20 times | Published
Section 712.02 correlates with Section 712.04. The first sentence of Section 712.04 states that "* * * such
341 So. 2d 977
Supreme Court of Florida | Filed: Feb 15, 1977 | Docket: 1724151
Cited 14 times | Published
within the scope of the exceptions specified. Section 712.04 provides for the extinguishment `of all estates
400 So. 2d 488
District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 1263448
Cited 11 times | Published
favor of sovereignty lands. On the contrary section 712.04 indicated that all governmental rights depending
885 So. 2d 423, 2004 WL 2340685
District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 1286814
Cited 8 times | Published
title."
Id. at 1008-09 (footnotes omitted). Section 712.04, Florida Statutes, provides in pertinent part:
297 So. 2d 562
Supreme Court of Florida | Filed: May 22, 1974 | Docket: 1510424
Cited 8 times | Published
The District Court then considered Fla. Stat. § 712.04, F.S.A., which provides:
"Subject to the matters
286 So. 2d 610
District Court of Appeal of Florida | Filed: Nov 23, 1973 | Docket: 1714521
Cited 8 times | Published
the Trustees fit an exception delineated in Section 712.04, F.S. 1971, F.S.A.
Initially, it is our view
643 So. 2d 112, 1994 WL 543591
District Court of Appeal of Florida | Filed: Oct 7, 1994 | Docket: 1493118
Cited 5 times | Published
relying upon section 712.04 of the Marketable Record Titles to Real Property Act (MRTA). See § 712.04, Fla.
409 So. 2d 7
Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 525680
Cited 5 times | Published
interests extinguished by the MRTA are described in section 712.04, Florida Statutes (1977), which reads as follows:
454 So. 2d 6
District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 1508415
Cited 4 times | Published
parted with title if the reservation is explicit. § 712.04, Fla. Stat. (1981); Sawyer v. Modrall, 286 So
414 So. 2d 10
District Court of Appeal of Florida | Filed: Apr 28, 1982 | Docket: 1706961
Cited 4 times | Published
DAUKSCH, C.J., and COBB, J., concur.
NOTES
[1] See § 712.04, Fla. Stat. (1963).
[2] Appellant also presented
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
of the root of title."[1] (Emphasis supplied.) § 712.04, Fla. Stat. The accretion of this case occurred
383 So. 2d 1171
District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1512451
Cited 3 times | Published
to the exclusion of appellants' interest.[2] Section 712.04, Florida Statutes (1979). Appellants could
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
subject to MRTA’s extinguishment provision of section 712.04.
Because the covenant authorizes Homeowners
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
marketability in [section] 712.03.
Similarly, section 712.04, titled "Interests extinguished by marketable
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71210001
Published
arising
before the root of title is extinguished. § 712.04, Fla. Stat. (2023).
2
The root of title is the
270 So. 3d 462
District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882795
Published
charges . . . are
declared to be null and void.” § 712.04, Fla. Stat. (2016).
The legislative intent
District Court of Appeal of Florida | Filed: Mar 15, 2019 | Docket: 14717609
Published
exceptions in section 712.03. This is echoed in section 712.04, which
states that a marketable title "is
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
*110insurance “commitment, endorsement, or policy.” Section 712.04 of the MRTA states that “[sjubject to s. 712
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
extinguishes stale claims and ancient defects of title. § 712.04, Fla.Stat. (1992). See Gregory M. Cook, The Marketable
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
effective date of the root of title.” Fla.Stat. § 712.04. The MRTA will not extinguish claims to property
514 So. 2d 377, 1987 Fla. App. LEXIS 10119, 12 Fla. L. Weekly 2146
District Court of Appeal of Florida | Filed: Sep 4, 1987 | Docket: 64630438
Published
prior to the effective date of the root of title.” § 712.04, Fla.Stat. (1985). [emphasis added] When property
495 So. 2d 167, 11 Fla. L. Weekly 511, 1986 Fla. LEXIS 2706
Supreme Court of Florida | Filed: Oct 2, 1986 | Docket: 64622020
Published
made clear by the provision now codified in section 712.04, Fla.Stat. (1985), providing as follows:
All
