The 2023 Florida Statutes (including Special Session C)
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. . . . § 712.02, Fla. Stat. (2016). . . . the MRTA accomplishes its purpose "by allowing persons to rely on a record title as described in s. 712.02 . . .
. . . By operation of MRTA, specifically section 712.02, Eastwood Shores' declaration of restrictions and covenants . . . estates in land "free and clear of all claims" except as to those exclusions expressly set forth. § 712.02 . . .
. . . the questions of whether a non-governmental restrictive covenant constitutes a “claim” under section 712.02 . . .
. . . To effectuate that purpose, section 712.02 permits the clearing of title to any property where the title . . . Section 712.02 provides in relevant part that “[a]ny person having the legal capacity to own land in . . .
. . . . § 712.02, Fla. Stat. . . .
. . . To effectuate that purpose, section 712.02 permits the clearing of title to any property where the title . . . facilitating land title transactions by allowing persons to rely on a record title as described in [section] 712.02 . . . Section 712.02 provides in relevant part that “[a]ny person having the legal capacity to own land in . . .
. . . . § 712.02, Fla. Stat. (2014). . . . . § 712.02, Fla. Stat. (2014). . . .
. . . . § 712.02, Fla. Stat. (2012). . . . period of thirty years or more, he or she shall have the marketable record title to that estate. § 712.02 . . .
. . . “Section 712.02, Florida Statutes (2003), provides that ‘[a]ny person ... vested with any estate in land . . .
. . . . § 712.02, Fla. Stat. (2008). . . . facilitating land title transactions by allowing persons to rely on a record title as described in s.712.02 . . .
. . . “be liberally construed ... by allowing persons to rely on a record title as described in [section] 712.02 . . . Section 712.02, titled “Marketable record title; suspension of applicability,” provides: Any person having . . . DCA 1994) (finding use restrictions created prior to the root of title are extinguished by section 712.02 . . .
. . . . §§ 712.01(2), 712.02, Fla. Stat. . . . .
. . . . § 712.02. . . .
. . . Whether MRTA Applies To Extinguish The Easement “Section 712.02 of MRTA expressly provides that any person . . .
. . . Section 712.02, Florida Statutes (2003), provides that “[a]ny person ... vested with any estate in land . . . Section 712.02 of MRTA provides that “[a]ny person ... vested with any estate in land of record for 30 . . .
. . . Under section 712.02, Florida Statutes, “when a person or his predecessors in title has been vested with . . . Specifically, section 712.02, “Marketable record title; suspension of applicability,” states: Any person . . . facilitating land title transactions by allowing persons to rely on a record title as described in s. 712.02 . . .
. . . suffice to protect use restrictions created prior to a root of title from being extinguished by section 712.02 . . . provisions of section 712.03(1) and thereby preserve the restrictions from being extinguished by section 712.02 . . .
. . . Section 712.02 of MRTA expressly provides that any person vested with any estate in land of record for . . . and clear of all claims except the matters set forth as exceptions to marketability in § 712.03. § 712.02 . . . Haley, 501 So.2d 649, 652-53 (Fla. 5th DCA 1986), the court explained: It is the intent of sections 712.02 . . . facilitating land title transactions by allowing persons to rely on a record title as described in § 712.02 . . .
. . . facilitate land title transactions “by allowing persons to rely on a record title as described in s. 712.02 . . . Section 712.02 provides that, when a record owner, alone or with its predecessors in title, has been . . . restrictions created prior to the 1957 deed (the Town’s root of title) are extinguished by section 712.02 . . . Haley, 107 So.2d 184 (Fla. 2d DCA 1958). .Section 712.02 provides: 712.02 Marketable record title; suspension . . . We must decline Martin’s invitation to create an exception to sections 712.02 and 712.03 for charitable . . .
. . . Section 712.02, Fla.Stat. (1989). . . .
. . . facilitate “land title transactions by allowing persons to rely on record title as described in s. 712.02 . . . Section 712.02, Florida Statutes (1989), “in effect provides that when any person and his predecessors . . . Section 712.02, Fla.Stat. (1989). . . .
. . . with the following additions to tax: Sec. 6651(a) Sec. 6653(a)(1) Sec. 6653(a)(2) Sec. 6661 $427.37 $712.02 . . .
. . . Florida Statutes section 712.02 provides in part: A person shall have a marketable record title when . . . S.Ct. 366, 27 L.Ed.2d 384 (1970): The word ‘affecting’ as it is used in the second sentence of Section 712.02 . . . broad, and its purpose is to allow persons to rely upon marketable record title as defined in section 712.02 . . . We conclude that Pencie Wester’s purchases of the tax deeds were title transactions under section 712.02 . . .
. . . titles have been made marketable and free and clear of the restrictive covenants by virtue of section 712.02 . . . Section 712.02(1), Florida Statutes, in effect provides that when any person and his predecessors in . . . created prior to appellants’ respective roots of title the restrictions are extinguished by section 712.02 . . . When applicable, section 712.02(1), Florida Statutes, simply clears basic titles of all adverse, limiting . . . It is the intent of sections 712.02(1) and 712.-03(1), that easements and use restrictions and other . . .
. . . virtue of a record title extending well beyond the thirty year period required by the MRTA, section 712.02 . . . and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03.” 712.02 . . .
. . . .” § 712.02(2), Fla. Stat. (1981). . . .
. . . thirty or more years old prior to the 1978 amendment to the Marketable Record Title Act (MRTA), section 712.02 . . .
. . . Section 712.02, Florida Statutes (1963) provides that any person whose chain of title extends from any . . .
. . . the recording statute (§ 695.01, Fla.Stat. (1981)) and of the Marketable Record Title Act (MRTA) (§ 712.02 . . . ) ap-pellees had a marketable title to the easement under the Marketable Record Title Act (MRTA) (§ 712.02 . . . The operative provisions of MRTA (sections 712.02 and 712.04, Florida Statutes (1981)) provide that when . . . which merely transfers an older genuine, main, fee simple absolute title (thereby allowing section 712.02 . . . However in this particular case when appellees pled section 712.02 of MRTA as perfecting their title . . . . § 712.02, Fla.Stat. (1981). . . . facilitate land title transactions by allowing persons to rely on a record title described in section 712.02 . . .
. . . . § 712.02, Fla.Stat. (1981). . . . .
. . . In 1963, the legislature adopted the Marketable Record Title Act, section 712.02, Florida Statutes (1963 . . .
. . . .” § 712.02, Fla.Stat. . . .
. . . broad, and its purpose is to allow persons to rely upon marketable record title as defined in section 712.02 . . .
. . . See §712.02 (7), Fla.Stat. (1979). . . .
. . . facilitating land title transactions by allowing persons to rely on a record title “as described in s. 712.02 . . .
. . . The Marketable Record Title Act, section 712.02, Florida Statutes (1963), provides, in effect, that any . . .
. . . Section 712.02, Florida Statutes (1979). . . .
. . . F.S. 712.02 provides: “Any person having the legal capacity to own land in this state, who, alone or . . .
. . . Judge Reed, stated at page 749: ‘The word “affecting” as it is used in the second sentence of Section 712.02 . . .
. . . The provisions of the Florida Marketable Record Title Act pertinent to this case are as fol-' lows: 712.02 . . .
. . . established a ‘marketable record title’ within the meaning of Florida Statutes, Sections 712.01 and 712.02 . . . established a ‘marketable record title’ within the meaning of Florida Statutes, Sections 712.01 and 712.02 . . .
. . . established a ‘marketable record title’ within the meaning of Florida Statutes, Sections 712.01 and 712.02 . . . established a ‘marketable record title’ within the meaning of Florida Statutes, Sections 712.01 and 712.02 . . . Judge Reed, stated at page 749: “The word ‘affecting’ as it is used in the second sentence of Section 712.02 . . . facilitating land title transactions by allowing persons to rely on a record title as described in § 712.02 . . . Id. . “712.02 Marketable record title. — Any person having the legal capacity to own land in this state . . .
. . . Under Section 712.02 this would constitute the title of plaintiff to be free and clear of all claims . . .
. . . established a “marketable record title” within the meaning of Florida Statutes, Sections 712.01 and 712.02 . . . established a “marketable record title” within the meaning of Florida Statutes, Sections 712.01 and 712.02 . . .
. . . The Florida Marketable Title Act, adopted in 1963, however, provides in Section 712.02: “Any person having . . . We conclude, therefore, that Section 712.02 declares the existence of a marketable record title when . . . In our opinion the application of Section 712.02 is not conditioned upon an actual vesting of some estate . . . indicates a legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 . . . facilitate land title transactions by allowing persons to rely on a record title as described by F.S. § 712.02 . . .
. . . indicates a legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 . . .
. . . Thus, under Section 712.02 of the Act any person with the legal capacity to own land in this state who . . .
. . . This language is virtually identical to that used in Section 712.02 of “The Marketable Record Titles . . . BOYD, J., concurs. . 712.02 Marketable record title. — Any person having the legal capacity to own land . . . Section 712.02, Fla.Stat, F.S.A., provides: “Marketable record title. — Any person having the legal capacity . . .
. . . . § 712.02, F.S.A., subject only to such limitations as appea'r in F.S. § 712.03, F.S.A. . . .
. . . The portions of the Act pertinent here are: “712.02 * * * Any person having the legal capacity to own . . .
. . . The purpose of the act is accomplished basically by the provisions of Sections 712.02 and 712.04, F.S . . . Section 712.02 reads as follows: “Any person having the legal capacity to own land in this state, who . . . The word “affecting” as it is used in the second sentence of Section 712.02 in the clause “affecting . . . We disagree with this construction placed upon the first sentence of Section 712.02 by the plaintiff. . . . Section 712.02 correlates with Section 712.04. . . .
. . . facilitating land title transactions by allowing persons to rely on a record title as described in § 712.02 . . .