Florida Statute 712.04 | 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. 712.04

¹712.04 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.

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.”

F.S. 712.04 on Google Scholar

F.S. 712.04 on Casetext

Amendments to 712.04

Arrestable Offenses / Crimes under Fla. Stat. 712.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.04.

Annotations, Discussions, Cases:

Cases Citing Statute 712.04

Total Results: 20

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: charges . . . are declared to be null and void.” § 712.04, Fla. Stat. (2016). The legislative intent

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: exceptions in section 712.03. This is echoed in section 712.04, which states that a marketable title "is…the interest to be "null and void." § 712.04; see also Matissek, 51 So. 3d at 629. …rendering them "null and void." See § 712.04; see also, e.g., Matissek, 51 So. 3d at 629 n.6

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, 2016 Fla. App. LEXIS 426, 2016 WL 145997

Snippet: subject to MRTA’s extinguishment provision of section 712.04. Because the covenant authorizes Homeowners…asserts that the plain'language of section 712.04 renders the restrictive zoning covenant null and…from extinguishment by MRTA; .and (iii) section 712.04, which supplies the operative language nullifying…and claims in property. In relevant part, section 712.04 provides' that, subject to certain exceptions

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: 110insurance “commitment, endorsement, or policy.” Section 712.04 of the MRTA states that “[sjubject to s. 712.03,3…before the effective date of the root of title.” § 712.04, Fla. Stat. (2011). “ ‘Root of Title’ means any…depends upon” the existence of the 1908 deed. § 712.04. The delivery and recording of that deed is indisputably… before the effective date of root of title.” § 712.04. Section 704.08 does not create an interest in

USAmeriBank v. Klepal

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-12T00:00:00-07:00

Citation: 100 So. 3d 56, 2011 WL 4809107, 2011 Fla. App. LEXIS 16156

Snippet: fees. The amount of the Bank’s judgment is $51,712.04. The promissory note signed by Mr. Klepal to memorialize

Matissek v. Waller

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

Citation: 51 So. 3d 625, 2011 Fla. App. LEXIS 81, 2011 WL 116144

Snippet: marketability in [section] 712.03. Similarly, section 712.04, titled "Interests extinguished by marketable…extinguished by the MRTA in accordance with section 712.04. We agree with the circuit court's determination… property from being extinguished under section 712.04. The 1977 amendments address revisions to the 1971

Feldman v. DEPARTMENT OF CHILDREN AND FAMS.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-13T23:53:00-08:00

Citation: 919 So. 2d 512

Snippet: followed by Florida Administrative Code Rule 65A-1.712(4)(b), which provides that at the time of a Medicaid

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, 164 Oil & Gas Rep. 863, 2005 Fla. App. LEXIS 186

Snippet: not affected by the provisions of s. 712.03 or s. 712.04.” § 704.05(1), Fla. Stat. (2002); see also H &

Blanton v. City of Pinellas Park

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

Citation: 887 So. 2d 1224

Snippet: ; language is limited by section 712.04. Specifically, section 712.04 limits the claims extinguished by… exceptions in section 712.03.[3] Section *1228 712.04, Florida Statutes (2003), titled "Interests…title." (Emphasis supplied.) Applying section 712.04 of MRTA to common law ways of necessity is straightforward… of necessity can be extinguished under section 712.04 if that title transaction occurred prior to the

Cirelli v. Ent

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

Citation: 885 So. 2d 423

Snippet: quot; Id. at 1008-09 (footnotes omitted). Section 712.04, Florida Statutes, provides in pertinent part: …prior to the effective date of the root of title. § 712.04, Fla. Stat. (2002) (emphasis added). Hence, the…courts that have interpreted and applied section 712.04 have consistently held, in accordance with the …the effective date of the root of title." § 712.04, Fla. Stat. (1985). [emphasis added][.] ... The

May v. Illinois Nat. Ins. Co.

Court: Fla. | Date Filed: 2000-11-16T00:00:00-08:00

Citation: 771 So. 2d 1143

Snippet: notice of administration consistent with section 733.712(4)(a), Florida Statutes (1991), which provides that

Martin v. Town of Palm Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1994-10-07T00:53:00-07:00

Citation: 643 So. 2d 112

Snippet: upon section 712.04 of the Marketable Record Titles to Real Property Act (MRTA). See § 712.04, Fla. Stat

Water Control District of South Brevard v. Davidson

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-29T00:00:00-07:00

Citation: 638 So. 2d 521, 1994 Fla. App. LEXIS 3906, 1994 WL 151312

Snippet: extinguishes stale claims and ancient defects of title. § 712.04, Fla.Stat. (1992). See Gregory M. Cook, The Marketable…marketable record title pursuant to the provisions of s. 712.04 shall include rights of entry or of an easement

Conservatory-City of Refuge, Inc. v. Kinney

Court: Fla. Dist. Ct. App. | Date Filed: 1987-09-04T00:00:00-07:00

Citation: 514 So. 2d 377, 1987 Fla. App. LEXIS 10119, 12 Fla. L. Weekly 2146

Snippet: to the effective date of the root of title.” § 712.04, Fla.Stat. (1985). [emphasis added] When property

Board of Trustees of the Internal Improvement Fund v. Stevens

Court: Fla. | Date Filed: 1986-10-02T00:00:00-07:00

Citation: 495 So. 2d 167, 11 Fla. L. Weekly 511, 1986 Fla. LEXIS 2706

Snippet: clear by the provision now codified in section 712.04, Fla.Stat. (1985), providing as follows: All such… dissent. . Ch. 63-133, Laws of Florida. . § 712.04, Fla.Stat. (1983). . Ch. 78-288, Laws of Fla.

Coastal Petroleum Co. v. American Cyanamid

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-13T00:53:00-07:00

Citation: 454 So. 2d 6

Snippet: parted with title if the reservation is explicit. § 712.04, Fla. Stat. (1981); Sawyer v. Modrall, 286 So.2d

Holland v. Hattaway

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-22T00:53:00-07:00

Citation: 438 So. 2d 456

Snippet: operative provisions of MRTA (sections 712.02 and 712.04, Florida Statutes (1981)) provide that when a person… years of record, to initially apply 712.02 and 712.04 to make both titles marketable and to then apply…may be subject to extinguishment under 712.02 and 712.04. This situation is illustrated in this case by …latter two exceptions. From these provisions and 712.04 we conclude that it is the intent of MRTA to free… an interest in the land by sections 712.02 and 712.04. We are encouraged in this construction by the

BD OF TRUSTEES, ETC. v. Paradise Fruit Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-04-28T00:53:00-07:00

Citation: 414 So. 2d 10

Snippet: DAUKSCH, C.J., and COBB, J., concur. NOTES [1] See § 712.04, Fla. Stat. (1963). [2] Appellant also presented

City of Pensacola v. Capital Realty Holding Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-03-28T23:53:00-08:00

Citation: 417 So. 2d 687

Snippet: root of title."[1] (Emphasis supplied.) § 712.04, Fla. Stat. The accretion of this case occurred

Askew v. Sonson

Court: Fla. | Date Filed: 1981-07-23T00:53:00-07:00

Citation: 409 So. 2d 7

Snippet: extinguished by the MRTA are described in section 712.04, Florida Statutes (1977), which reads as follows…Fla. 1974), the court said: With reference to § 712.04, all interests, whether they are private or governmental…defendant's contention that we should read § 712.04 as to include implied state governmental reservation…extinguished are those found in section 712.03 and 712.04, Florida Statutes (1977). The lands involved in…Court's majority for its decision is section 712.04, Florida Statutes (1977), which reads as follows