Florida Statutes
Fla. Stat. § 712.04 (2025)
Interests extinguished by marketable record title.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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712.04 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.
Notes of Decisions
Cited in 24
cases (1 in the last 5 years), 1969–2025 · leading case: Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004).
Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004). “03, we note that the "all claims" language is limited by section 712.04. Specifically, section 712.”
Cirelli v. Ent, 885 So. 2d 423 (Fla. 5th DCA 2004). “§ 712.04, Fla. Stat. (2002) (emphasis added).”
Askew v. Sonson, 409 So. 2d 7 (Fla. 1981). “The interests extinguished by the MRTA are described in section 712.04, Florida Statutes (1977), which reads as follows: Subject to the matters stated in s.”
Save Calusa Trust v. St. Andrews Holdings, Ltd., 193 So. 3d 910 (Fla. 3d DCA 2016). “Owner also argues that, because the restrictive covenant gives Homeowners an “interest” in how Owner uses its property and a “claim” against the property if Own *915 er were to violate the covenant, then the covenant is subject to MRTA’s extinguishment provision of section…”
Odom v. Deltona Corp., 341 So. 2d 977 (Fla. 1977). “Section 712.04 provides for the extinguishment `of all estates, interests, claims or charges .”
Sawyer v. Modrall, 286 So. 2d 610 (Fla. 4th DCA 1973). “) With reference to § 712.04, all interests, whether they are private or governmental, are void except and only where any right, title or interest is reserved in the deed.”
Marshall v. Hollywood, Inc., 224 So. 2d 743 (Fla. 4th DCA 1969). “02 correlates with Section 712.04. The first sentence of Section 712.”
Modrall v. Sawyer, 297 So. 2d 562 (Fla. 1974). “03, such marketable record title shall be free and clear of all estates, interests, claims or charges whatsoever, the existence of which depends upon any act, title transaction, event or omission that occurred prior to the effective date of the root of title.”
Martin v. Town of Palm Beach, 643 So. 2d 112 (Fla. 4th DCA 1994). “See § 712.04, Fla. Stat. (1993). [1] Although we agree with the trial court's conclusion that application of MRTA effectively extinguishes the 1948 deed restrictions, we base our decision to affirm the final judgment upon sections 712.”
City of Pensacola v. Capital Realty Holding Co., Inc., 417 So. 2d 687 (Fla. 1st DCA 1982). “) § 712.04, Fla. Stat. The accretion of this case occurred after the effective date of Pensacola's root of title from the State of Florida.”
City of Miami v. St. Joe Paper Co., 364 So. 2d 439 (Fla. 1978). “The city contends that certain exceptions in Florida Statutes, Section 712.04, prevent the application of the Marketable Record Title Act to the city's claim.”
Coastal Petroleum Co. v. Am. Cyanamid, 454 So. 2d 6 (Fla. 2d DCA 1984). “02, Florida Statutes (1963) provides 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 in 712.”
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