Florida Statute 712.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY

View Entire Chapter

F.S. 712.05

712.05 Effect of filing notice.—

(1) A person claiming an interest in land or other right subject to extinguishment under this chapter may preserve and protect such interest or right from extinguishment by the operation of this chapter by filing for record, at any time during the 30-year period immediately following the effective date of the root of title, a written notice in accordance with s. 712.06.

(2) A property owners’ association may preserve and protect a community covenant or restriction from extinguishment by the operation of this chapter by filing for record, at any time during the 30-year period immediately following the effective date of the root of title:

(a) A written notice in accordance with s. 712.06; or

(b) A summary notice in substantial form and content as required under s. 720.3032(2); or an amendment to a community covenant or restriction that is indexed under the legal name of the property owners’ association and references the recording information of the covenant or restriction to be preserved. Failure of a summary notice or amendment to be indexed to the current owners of the affected property does not affect the validity of the notice or vitiate the effect of the filing of such notice.

(3) A notice under subsection (1) or subsection (2) preserves an interest in land or other right subject to extinguishment under this chapter, or a covenant or restriction or portion of such covenant or restriction, for not less than 30 years after filing the notice unless the notice is filed again as required in this chapter. A person’s disability or lack of knowledge of any kind may not delay the commencement of or suspend the running of the 30-year period. Such notice may be filed for record by the claimant or by any other person acting on behalf of a claimant who is:

(a) Under a disability;

(b) Unable to assert a claim on his or her behalf; or

(c) One of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record.

The property owners’ association or clerk of the circuit court is not required to provide additional notice pursuant to s. 712.06(3) for a notice filed under subsection (2). The preceding sentence is intended to clarify existing law.

(4) It is not necessary for the owner of the marketable record title, as described in s. 712.02, to file a notice to protect his or her marketable record title.

History.—s. 5, ch. 63-133; s. 798, ch. 97-102; s. 3, ch. 97-202; s. 1, ch. 2003-79; s. 7, ch. 2014-133; s. 3, ch. 2018-55.

F.S. 712.05 on Google Scholar

F.S. 712.05 on CourtListener

Amendments to 712.05

Annotations, Discussions, Cases:

Cases Citing Statute 712.05

Total Results: 24

Blanton v. City of Pinellas Park

887 So. 2d 1224, 2004 WL 2359991

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1515177

Cited 46 times | Published

following the effective date of the root of title." § 712.05(1), Fla. Stat. (2003). In sum, MRTA is a comprehensive

Trustees of Tufts College v. Triple R. Ranch, Inc.

275 So. 2d 521

Supreme Court of Florida | Filed: Mar 21, 1973 | Docket: 1387421

Cited 36 times | Published

the thirty year period for filing notice under § 712.05 shall have expired prior to July 1, 1965, such

City of Miami v. St. Joe Paper Co.

364 So. 2d 439

Supreme Court of Florida | Filed: Oct 5, 1978 | Docket: 462042

Cited 25 times | Published

subsequent to the root of title in accordance with Section 712.05, Florida Statutes. The court in Wilson v. Kelly

Marshall v. Hollywood, Inc.

224 So. 2d 743

District Court of Appeal of Florida | Filed: Jun 30, 1969 | Docket: 1672016

Cited 20 times | Published

Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates

Odom v. Deltona Corp.

341 So. 2d 977

Supreme Court of Florida | Filed: Feb 15, 1977 | Docket: 1724151

Cited 14 times | Published

by filing proper notices in accordance with Section 712.05 and .06; (3) rights of persons in possession;

Holland v. Hattaway

438 So. 2d 456, 1983 Fla. App. LEXIS 24436

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1731842

Cited 11 times | Published

same purpose as a recorded notice filed under section 712.05 and of assessment on the county tax rolls under

ITT Rayonier, Inc. v. Wadsworth

346 So. 2d 1004, 1977 Fla. LEXIS 3907

Supreme Court of Florida | Filed: Apr 28, 1977 | Docket: 1410802

Cited 10 times | Published

Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates

ITT Rayonier, Inc. v. Wadsworth

346 So. 2d 1004, 1977 Fla. LEXIS 3907

Supreme Court of Florida | Filed: Apr 28, 1977 | Docket: 1410802

Cited 10 times | Published

Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates

H & F Land v. Panama City-Bay Co. Airport

736 So. 2d 1167, 24 Fla. L. Weekly Supp. 264, 1999 Fla. LEXIS 1047, 24 Fla. L. Weekly Fed. S 264

Supreme Court of Florida | Filed: Jun 10, 1999 | Docket: 1434171

Cited 8 times | Published

712.03(2), Fla. Stat. (1995). In this regard, section 712.05 of MRTA specifically provides: Any person claiming

Reid v. Bradshaw

302 So. 2d 180

District Court of Appeal of Florida | Filed: Oct 24, 1974 | Docket: 1758636

Cited 8 times | Published

Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates

Askew v. Sonson

409 So. 2d 7

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 525680

Cited 5 times | Published

thirty years and no notice of claim pursuant to section 712.05, Florida Statutes (1975), has been filed by

Florida Dept. of Transp. v. Dardashti Properties

605 So. 2d 120, 1992 WL 197857

District Court of Appeal of Florida | Filed: Aug 19, 1992 | Docket: 1343434

Cited 4 times | Published

notice of its claim to the eleven foot strip. § 712.05, Fla. Stat. (1989). [5] It appears that the eleven

Cunningham v. Haley

501 So. 2d 649, 12 Fla. L. Weekly 175

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 538127

Cited 4 times | Published

one record title made marketable by the act. See § 712.05(1), Fla. Stat. See also Holland v. Hattaway, 438

Allen v. St. Petersburg Bank & Trust Co.

383 So. 2d 1171

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1512451

Cited 3 times | Published

their interest by filing notice prescribed by Section 712.05, Florida Statutes (1979), within the thirty

City of Miami v. St. Joe Paper Co.

347 So. 2d 622

District Court of Appeal of Florida | Filed: May 3, 1977 | Docket: 1290928

Cited 3 times | Published

the City could have protected its claim, see Section 712.05, Florida Statutes (1975), we find no reason

ITT RAYONIER INCORPORATED v. Wadsworth

386 F. Supp. 940, 1975 U.S. Dist. LEXIS 14519

District Court, M.D. Florida | Filed: Jan 3, 1975 | Docket: 2155147

Cited 2 times | Published

Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates

Nourachi v. United States

632 F. Supp. 2d 1101, 2009 U.S. Dist. LEXIS 34468, 2009 WL 1107748

District Court, M.D. Florida | Filed: Apr 23, 2009 | Docket: 2215223

Cited 1 times | Published

provisions hereof." Fla. Stat. § 712.03(2). Section 712.05 provides that a claim to interest in land can

Travick v. Parker

436 So. 2d 957

District Court of Appeal of Florida | Filed: Jul 21, 1983 | Docket: 1701198

Cited 1 times | Published

if timely notice was not filed pursuant to section 712.05[2]. In Hope v. Hope, 410 So.2d 212 (Fla. 5th

SCOTT LYDAY & TAMMY LYDAY v. MYAKKA VALLEY RANCHES IMPROVEMENT ASSOCIATION, INC. & VIVIAN ZABIK

District Court of Appeal of Florida | Filed: Mar 15, 2019 | Docket: 14717609

Published

the provisions hereof." Section 712.05(1) sets forth the method for preserving a claim

Sand Lake Hills Homeowners Ass'n v. Busch

210 So. 3d 706, 2017 Fla. App. LEXIS 568

District Court of Appeal of Florida | Filed: Jan 20, 2017 | Docket: 60294195

Published

Pinellas Park, 887 So.2d 1224, 1227 (Fla. 2004). Section 712.05(1), Florida Statutes (2015), provides, in part:

Sand Lake Hills v. Busch

210 So. 3d 706

District Court of Appeal of Florida | Filed: Jan 16, 2017 | Docket: 4578115

Published

following the effective date of the root of title. § 712.05, Fla. Stat. (2004).

Southfields of Palm Beach Polo & Country Club Homeowners Ass'n v. McCullough

111 So. 3d 283, 2013 WL 1629186, 2013 Fla. App. LEXIS 6061

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60230800

Published

in accordance with the provisions hereof.” Section 712.05(1), Florida Statutes (2010), states, in part:

Leonard M. Harrell v. Doyle Alva Wester, Eugenia W. Pelt, and Billy Wester Dickson, Pencie W. Wester

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

thirty year limitation period, see id. § 712.05, or if the claimant falls within one of the statutory

Hope v. Hope

410 So. 2d 212, 1982 Fla. App. LEXIS 22281

District Court of Appeal of Florida | Filed: Feb 24, 1982 | Docket: 64588108

Published

if timely notice was not filed pursuant to section 712.-05. 383 So.2d at 1171-72. The appellants’ attempts