Florida Statute 712.05 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 712.05

Arrestable Offenses / Crimes under Fla. Stat. 712.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.05.

Annotations, Discussions, Cases:

Cases Citing Statute 712.05

Total Results: 20

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: provisions hereof." Section 712.05(1) sets forth the method for preserving a claim…file its preservation notice pursuant to section 712.05(1). The Association filed its preservation notice…-year period is not in accordance with section 712.05(1). As the Florida Supreme Court explained long

Sand Lake Hills Homeowners Ass'n v. Busch

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-20T00:00:00-08:00

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

Snippet: Park, 887 So.2d 1224, 1227 (Fla. 2004). Section 712.05(1), Florida Statutes (2015), provides, in part:…following the effective date of the root of title. § 712.05, Fla. Stat. (2004). Case No. 5D16-21

Sand Lake Hills v. Busch

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-15T23:53:00-08:00

Snippet: following the effective date of the root of title. § 712.05, Fla. Stat. (2004). …2d 1224, 1227 (Fla. 2004). Section 712.05(1), Florida Statutes (2015), provides, in part:

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-17T00:00:00-07:00

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

Snippet: accordance with the provisions hereof.” Section 712.05(1), Florida Statutes (2010), states, in part: “… was refusing to file the notice required under 712.05 in order to preserve the declaration. McCullough

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: recording a proper notice under sections 712.03(2), 712.05, and 712.06, which was never done. Therefore, they… file a proper notice under sections 712.03(2), 712.05, and 712.06 to preserve the original 1971 restrictions

Tillman v. State

Court: Fla. | Date Filed: 2006-07-06T00:53:00-07:00

Citation: 934 So. 2d 1263

Snippet: (2005 & Supp.2006); Haw.Rev.Stat. § 707-712.5 (1993 & Supp. 2005); Kan. Stat. Ann. § 21

Blanton v. City of Pinellas Park

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

Citation: 887 So. 2d 1224

Snippet: recording that interest as prescribed by sections 712.05 and 712.06, Florida Statutes (2003), within the…the effective date of the root of title." § 712.05(1), Fla. Stat. (2003). In sum, MRTA is a comprehensive

General Star Indem. Co. v. W. Fla. Village Inn, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-30T00:00:00-07:00

Citation: 874 So. 2d 26

Snippet: whether the amount of the deductible was $83,712 or $5,000. Contending that the policy terms were ambiguous

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

Court: Fla. | Date Filed: 1999-06-10T00:53:00-07:00

Citation: 736 So. 2d 1167

Snippet: (2), Fla. Stat. (1995). In this regard, section 712.05 of MRTA specifically provides: Any person claiming…the same unless again filed as required herein. § 712.05, Fla. Stat. (1995). In City of Miami v. St. Joe…Statutes, unless those matters are filed under section 712.05(1) or unless, as provided in section 712.03(1),…should not have had to file a claim under section 712.05 or otherwise as to the common law way of necessity…transaction. Again, we disagree. We conclude that section 712.05 clearly mandates and H & F's predecessors

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-06-21T00:53:00-07:00

Snippet: See, s. 28.222(1), Fla. Stat. (1993). 7 See, ss. 712.05 and 712.06, Fla. Stat. (1993), respectively providing

Florida Dept. of Transp. v. Dardashti Properties

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-19T00:53:00-07:00

Citation: 605 So. 2d 120

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

Cunningham v. Haley

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-30T23:53:00-08:00

Citation: 501 So. 2d 649

Snippet: record title made marketable by the act. See § 712.05(1), Fla. Stat. See also Holland v. Hattaway, 438…Statutes, unless those matters are filed under section 712.05(1) or unless, as provided in section 712.03(1),

Holland v. Hattaway

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

Citation: 438 So. 2d 456

Snippet: considering the overall intent of MRTA we note sections 712.05 and 712.06 which provide a method of filing, during…purpose as a recorded notice filed under section 712.05 and of assessment on the county tax rolls under…the burden[17] of filing a notice under section 712.05 every 30 years or to risk loss as against competing

Travick v. Parker

Court: Fla. Dist. Ct. App. | Date Filed: 1983-07-21T00:53:00-07:00

Citation: 436 So. 2d 957

Snippet: timely notice was not filed pursuant to section 712.05[2]. In Hope v. Hope, 410 So.2d 212 (Fla. 5th DCA…that appellants filed timely notice under section 712.05, or that any other exceptions to the ripening of…§ 712.02, Fla. Stat. (1981). [2] Under section 712.05, Florida Statutes (1981), a person claiming an

Hope v. Hope

Court: Fla. Dist. Ct. App. | Date Filed: 1982-02-24T00:00:00-08:00

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

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

Askew v. Sonson

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

Citation: 409 So. 2d 7

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

Allen v. St. Petersburg Bank & Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-06-04T00:53:00-07:00

Citation: 383 So. 2d 1171

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

City of Miami v. St. Joe Paper Co.

Court: Fla. | Date Filed: 1978-10-05T00:53:00-07:00

Citation: 364 So. 2d 439

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

City of Miami v. St. Joe Paper Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1977-05-03T00:53:00-07:00

Citation: 347 So. 2d 622

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

ITT Rayonier, Inc. v. Wadsworth

Court: Fla. | Date Filed: 1977-04-28T00:53:00-07:00

Citation: 346 So. 2d 1004

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