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Florida Statute 712.02 | Lawyer Caselaw & Research
F.S. 712.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 712.02

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY
View Entire Chapter
F.S. 712.02
712.02 Marketable record title; suspension of applicability.Any person having the legal capacity to own land in this state, who, alone or together with her or his predecessors in title, has been vested with any estate in land of record for 30 years or more, shall have a marketable record title to such estate in said land, which shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03. A person shall have a marketable record title when the public records disclosed a record title transaction affecting the title to the land which has been of record for not less than 30 years purporting to create such estate either in:
(1) The person claiming such estate; or
(2) Some other person from whom, by one or more title transactions, such estate has passed to the person claiming such estate, with nothing appearing of record, in either case, purporting to divest such claimant of the estate claimed.
History.s. 2, ch. 63-133; s. 1, ch. 85-83; s. 63, ch. 87-226; s. 797, ch. 97-102.

F.S. 712.02 on Google Scholar

F.S. 712.02 on Casetext

Amendments to 712.02


Arrestable Offenses / Crimes under Fla. Stat. 712.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DORSEY, a k a Jr. a k a v. ROBINSON,, 270 So. 3d 462 (Fla. App. Ct. 2019)

. . . . § 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 . . .

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. DEPARTMENT OF ECONOMIC OPPORTUNITY,, 264 So. 3d 264 (Fla. App. Ct. 2019)

. . . 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 . . .

SAVE CALUSA TRUST, v. ST. ANDREWS HOLDINGS, LTD., 193 So. 3d 910 (Fla. Dist. Ct. App. 2016)

. . . the questions of whether a non-governmental restrictive covenant constitutes a “claim” under section 712.02 . . .

DEPARTMENT OF TRANSPORTATION, v. MID- PENINSULA REALTY INVESTMENT GROUP, LLC, a, 171 So. 3d 771 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. CLIPPER BAY INVESTMENTS, LLC,, 160 So. 3d 858 (Fla. 2015)

. . . . § 712.02, Fla. Stat. . . .

DEPARTMENT OF TRANSPORTATION, v. MID- PENINSULA REALTY INVESTMENT GROUP, LLC, a, 162 So. 3d 218 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

L. BARNEY, W. v. SILVER LAKES ACRES PROPERTY, ETC., 159 So. 3d 181 (Fla. Dist. Ct. App. 2015)

. . . . § 712.02, Fla. Stat. (2014). . . . . § 712.02, Fla. Stat. (2014). . . .

LEHMANN v. COCOANUT BAYOU ASSOCIATION,, 157 So. 3d 289 (Fla. Dist. Ct. App. 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 . . .

SOUTHFIELDS OF PALM BEACH POLO AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. Dr. C. v. D. McCULLOUGH,, 111 So. 3d 283 (Fla. Dist. Ct. App. 2013)

. . . “Section 712.02, Florida Statutes (2003), provides that ‘[a]ny person ... vested with any estate in land . . .

CLIPPER BAY INVESTMENTS, LLC, v. STATE DEPARTMENT OF TRANSPORTATION, 117 So. 3d 7 (Fla. Dist. Ct. App. 2013)

. . . . § 712.02, Fla. Stat. (2008). . . . facilitating land title transactions by allowing persons to rely on a record title as described in s.712.02 . . .

MATISSEK v. D. WALLER,, 51 So. 3d 625 (Fla. Dist. Ct. App. 2011)

. . . “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 . . .

M. MULDROW, M. R. v. JONES, 36 So. 3d 698 (Fla. Dist. Ct. App. 2010)

. . . . §§ 712.01(2), 712.02, Fla. Stat. . . . .

NOURACHI, HW a F. S. v. UNITED STATES M., 632 F. Supp. 2d 1101 (M.D. Fla. 2009)

. . . . § 712.02. . . .

NOBLIN, v. HARBOR HILLS DEVELOPMENT, L. P., 896 So. 2d 781 (Fla. Dist. Ct. App. 2005)

. . . Whether MRTA Applies To Extinguish The Easement “Section 712.02 of MRTA expressly provides that any person . . .

H. BLANTON, v. CITY OF PINELLAS PARK,, 887 So. 2d 1224 (Fla. 2004)

. . . 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 . . .

CIRELLI, L. v. ENT, T., 885 So. 2d 423 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

BERGER, v. RIVERWIND PARKING, LLP,, 842 So. 2d 918 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

MOORE v. SMITH- SNAGG, 793 So. 2d 1000 (Fla. Dist. Ct. App. 2001)

. . . . § 712.02, Fla.Stat. . . .

H F LAND, INC. v. PANAMA CITY- BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT,, 736 So. 2d 1167 (Fla. 1999)

. . . 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 . . .

R. MARTIN, v. TOWN OF PALM BEACH,, 643 So. 2d 112 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

SUNSHINE VISTAS HOMEOWNERS ASSOCIATION, v. CARUANA,, 623 So. 2d 490 (Fla. 1993)

. . . Section 712.02, Fla.Stat. (1989). . . .

SUNSHINE VISTAS HOMEOWNERS ASSOCIATION, a v. CARUANA, a, 597 So. 2d 809 (Fla. Dist. Ct. App. 1992)

. . . 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). . . .

E. v., 95 T.C. 639 (T.C. 1990)

. . . with the following additions to tax: Sec. 6651(a) Sec. 6653(a)(1) Sec. 6653(a)(2) Sec. 6661 $427.37 $712.02 . . .

M. HARRELL, v. WESTER, W. W., 853 F.2d 828 (11th Cir. 1988)

. . . 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 . . .

CUNNINGHAM, v. A. HALEY,, 501 So. 2d 649 (Fla. Dist. Ct. App. 1986)

. . . 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 . . .

CITY OF JACKSONVILLE, v. HORN, 496 So. 2d 204 (Fla. Dist. Ct. App. 1986)

. . . 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 . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. R. STEVENS, 472 So. 2d 1287 (Fla. Dist. Ct. App. 1985)

. . . .” § 712.02(2), Fla. Stat. (1981). . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. BRONSONS, INC. a, 469 So. 2d 214 (Fla. Dist. Ct. App. 1985)

. . . thirty or more years old prior to the 1978 amendment to the Marketable Record Title Act (MRTA), section 712.02 . . .

COASTAL PETROLEUM COMPANY, v. AMERICAN CYANAMID COMPANY, a COASTAL PETROLEUM COMPANY, v. ESTECH, INC. a, 454 So. 2d 6 (Fla. Dist. Ct. App. 1984)

. . . Section 712.02, Florida Statutes (1963) provides that any person whose chain of title extends from any . . .

HOLLAND, v. J. M. HATTAWAY,, 438 So. 2d 456 (Fla. Dist. Ct. App. 1983)

. . . 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 . . .

TRAVICK, v. PARKER, Ad B., 436 So. 2d 957 (Fla. Dist. Ct. App. 1983)

. . . . § 712.02, Fla.Stat. (1981). . . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE OF FLORIDA, v. PARADISE FRUIT COMPANY, INC. a, 414 So. 2d 10 (Fla. Dist. Ct. App. 1982)

. . . In 1963, the legislature adopted the Marketable Record Title Act, section 712.02, Florida Statutes (1963 . . .

CITY OF PENSACOLA, a v. CAPITAL REALTY HOLDING COMPANY, INC., 417 So. 2d 687 (Fla. Dist. Ct. App. 1982)

. . . .” § 712.02, Fla.Stat. . . .

HOPE, Jr. L. G. v. HOPE,, 410 So. 2d 212 (Fla. Dist. Ct. App. 1982)

. . . broad, and its purpose is to allow persons to rely upon marketable record title as defined in section 712.02 . . .

AMERICAN CYANAMID COMPANY v. STATE OF FLORIDA, 2 Fla. Supp. 2d 67 (Fla. Cir. Ct. 1981)

. . . See §712.02 (7), Fla.Stat. (1979). . . .

O D. ASKEW, v. R. SONSON,, 409 So. 2d 7 (Fla. 1981)

. . . facilitating land title transactions by allowing persons to rely on a record title “as described in s. 712.02 . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. CONTEMPORARY LAND SALES, INC., 400 So. 2d 488 (Fla. Dist. Ct. App. 1981)

. . . The Marketable Record Title Act, section 712.02, Florida Statutes (1963), provides, in effect, that any . . .

ALLEN v. ST. PETERSBURG BANK TRUST COMPANY, a, 383 So. 2d 1171 (Fla. Dist. Ct. App. 1980)

. . . Section 712.02, Florida Statutes (1979). . . .

B. KITTRELL, v. A. CLARK,, 383 So. 2d 909 (Fla. 1980)

. . . . § 712.02, Fla.Stat. (1975). . . .

Q. MAYO v. OWENS, M. P. W. E. F. C. D. L. V. E. M., 367 So. 2d 1054 (Fla. Dist. Ct. App. 1979)

. . . F.S. 712.02 provides: “Any person having the legal capacity to own land in this state, who, alone or . . .

CITY OF MIAMI, a v. ST. JOE PAPER COMPANY, a a E. Jr. S. S., 364 So. 2d 439 (Fla. 1978)

. . . Judge Reed, stated at page 749: ‘The word “affecting” as it is used in the second sentence of Section 712.02 . . .

B. KITTRELL, v. A. CLARK, 363 So. 2d 373 (Fla. Dist. Ct. App. 1978)

. . . Section 712.02. . . .

R. STARNES, v. MARCON INVESTMENT GROUP, a a, 571 F.2d 1369 (5th Cir. 1978)

. . . The provisions of the Florida Marketable Record Title Act pertinent to this case are as fol-' lows: 712.02 . . .

ITT RAYONIER, INCORPORATED, a v. L. WADSWORTH,, 556 F.2d 750 (5th Cir. 1977)

. . . 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 . . .

ITT RAYONIER, INCORPORATED, v. L. WADSWORTH, 346 So. 2d 1004 (Fla. 1977)

. . . 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 . . .

ODOM v. DELTONA CORPORATION, BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. DELTONA CORPORATION,, 341 So. 2d 977 (Fla. 1976)

. . . Under Section 712.02 this would constitute the title of plaintiff to be free and clear of all claims . . .

ITT RAYONIER, INCORPORATED, a v. L. WADSWORTH,, 528 F.2d 1033 (5th Cir. 1976)

. . . 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 . . .

ITT RAYONIER INCORPORATED, a v. L. WADSWORTH, 386 F. Supp. 940 (M.D. Fla. 1975)

. . . 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 . . .

L. REID E. v. H. BRADSHAW, 302 So. 2d 180 (Fla. Dist. Ct. App. 1974)

. . . indicates a legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 . . .

SAWYER, v. MODRALL,, 286 So. 2d 610 (Fla. Dist. Ct. App. 1973)

. . . Thus, under Section 712.02 of the Act any person with the legal capacity to own land in this state who . . .

TRUSTEES OF TUFTS COLLEGE, v. TRIPLE R. RANCH, INC. COMPASS ROSE CORPORATION, v. TRIPLE R. RANCH, INC. TRIPLE R. RANCH, INC. v. COMPASS ROSE CORPORATION,, 275 So. 2d 521 (Fla. 1973)

. . . 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 . . .

E. E. MARSHALL, A. v. HOLLYWOOD, INC. a, 236 So. 2d 114 (Fla. 1970)

. . . . § 712.02, F.S.A., subject only to such limitations as appea'r in F.S. § 712.03, F.S.A. . . .

E. WHALEY, Sr. v. E. WOTRING, W. H., 225 So. 2d 177 (Fla. Dist. Ct. App. 1969)

. . . The portions of the Act pertinent here are: “712.02 * * * Any person having the legal capacity to own . . .

E. E. MARSHALL, A. v. HOLLYWOOD, INC. a, 224 So. 2d 743 (Fla. Dist. Ct. App. 1969)

. . . 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. . . .

WILSON v. B. KELLEY, 226 So. 2d 123 (Fla. Dist. Ct. App. 1969)

. . . facilitating land title transactions by allowing persons to rely on a record title as described in § 712.02 . . .