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Florida Statutes

Fla. Stat. § 739.601 (2025)

Recording of disclaimer relating to real estate.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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739.601 Recording of disclaimer relating to real estate.—
(1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real estate to which the disclaimer relates and unless the disclaimer is filed for recording in the office of the clerk of the court in the county or counties where the real estate is located.
(2) An effective disclaimer meeting the requirements of subsection (1) constitutes constructive notice to all persons from the time of filing. Failure to record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
History.—s. 1, ch. 2005-108.
Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Lee v. Lee, 263 So. 3d 826 (Fla. 3d DCA 2019).
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Lee v. Lee, 263 So. 3d 826 (Fla. 3d DCA 2019). · cites it 8× “Section 739.601 provides additional requirements if the disclaimer is to be recorded, thus providing constructive notice to anyone conducting a title search that might involve real property that has been disclaimed.”
— 739.601(1) — 1 case
Lee v. Lee, 263 So. 3d 826 (Fla. 3d DCA 2019). “Section 739.601 provides additional requirements if the disclaimer is to be recorded, thus providing constructive notice to anyone conducting a title search that might involve real property that has been disclaimed.”
— 739.601(2) — 1 case
Lee v. Lee, 263 So. 3d 826 (Fla. 3d DCA 2019). “Section 739.601 provides additional requirements if the disclaimer is to be recorded, thus providing constructive notice to anyone conducting a title search that might involve real property that has been disclaimed.”
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