Florida Statute 689.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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689.02 Form of warranty deed prescribed.—

(1) Warranty deeds of conveyance to land may be in the following form, viz.:

“This indenture, made this day of A.D. , between , of the County of in the State of , party of the first part, and , of the County of , in the State of , party of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of dollars, to her or him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, her or his heirs and assigns forever, the following described land, to wit:

And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever.”

(2) The form for warranty deeds of conveyance to land shall include a blank space for the property appraiser’s parcel identification number describing the property conveyed, which number, if available, shall be entered on the deed before it is presented for recording. The failure to include such blank space or the parcel identification number, or the inclusion of an incorrect parcel identification number, does not affect the validity of the conveyance or the recordability of the deed. Such parcel identification number is not a part of the legal description of the property otherwise set forth in the deed and may not be used as a substitute for the legal description of the property being conveyed.

History.—s. 1, ch. 4038, 1891; GS 2449; RGS 3788; CGL 5661; s. 1, ch. 87-66; s. 17, ch. 88-176; s. 60, ch. 89-356; s. 752, ch. 97-102; s. 1, ch. 2013-241.

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Amendments to 689.02

Annotations, Discussions, Cases:

Cases Citing Statute 689.02

Total Results: 10 | Sort by: Relevance | Newest First

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Saltzman v. Ahern, 306 So. 2d 537 (Fla. 1st DCA 1975).

Cited 14 times | Published | Florida 1st District Court of Appeal

...If a deed is, by virtue of execution, delivery, consideration and language employed, impervious to attack by the grantor executing same then it may not be successfully collaterally attacked by another. Application of the foregoing principles, particularly in view of the statutory mandates contained in F.S. 689.02, 689.03, 689.09, and 689.10 required the trial judge to determine that the subject deed could only be construed as conveying to the grantee (appellee's predecessor in title) all *540 of the grantor's title, subject only to the reserved life...

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Flinn v. Van Devere, 502 So. 2d 454 (Fla. 3d DCA 1986).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 51

...Velkoff, 111 Ind. App. 323, 41 N.E.2d 686, 689 (1942) ("A deed must contain words of grant, release, or transfer, showing intent to actually transfer grantor's interest in order to pass title and be valid."); see 23 Am.Jur.2d Deeds § 19, 21 (1983); § 689.02, Fla....

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BWB CORP. v. Muscare, 349 So. 2d 183 (Fla. 3d DCA 1977).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 16507

...e warranty deed, the court should have directed a verdict at the close of all the evidence. We agree with this second argument. The Muscares gave appellants a warranty deed which is substantially the same as the form for warranty deeds prescribed by Section 689.02, Florida Statutes (1975). Section 689.03, Florida Statutes (1975), provides that a conveyance executed substantially in the form set out in Section 689.02 "shall be held to be a warranty deed with full common law covenants, and shall just as effectually bind the grantor, and his heirs, as if said covenants were specifically set out therein." The usual common law covenants included in a w...

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Holland v. State, 388 So. 2d 1080 (Fla. Dist. Ct. App. 1980).

Cited 1 times | Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17763

ROBERT P. SMITH, Jr., Judge. The grantors of a 1969 warranty deed in the form prescribed by Section 689.02, Florida Statutes (1969), (1979), conveying a strip of Santa Rosa County land to the State, appeal from a circuit court order dismissing with prejudice their second amended complaint and their claim against the State that the deed conveyed no rights to subsurface oil and gas....

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Kenneth Devino & 2436 East Las Olas Blvd. Stores, LLC v. 2426 East Las Olas, LLC (Fla. 4th DCA 2020).

Published | Florida 4th District Court of Appeal

...it can be construed as appurtenant to some other estate, the easement is clearly appurtenant. The language of the agreement begins with the phrase “THIS AGREEMENT AND INDENTURE . . .” An “indenture” reflects an interest in real property. See § 689.02, Fla....

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Cook v. Tradewinds West Condo., Inc., 636 So. 2d 591 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4643, 1994 WL 189712

...ion is resolved. The trial judge entered judgment in favor of the Hogans, finding that the Hogans are the lessors in a leasehold interest in the treatment plant. From this judgment, the Cooks appeal. Appellants argue that the deed in statutory form, § 689.02, Fla.Stat....

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William Thayer & Louise a. Jefferson v. Doris D. Hawthorn (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

...and there was no other documentary evidence in the form required under section 732.702(1) to waive Doris’ rights. The competing motions were brought to a hearing. At the hearing, appellants argued additionally that the warranty deed tracked the language of section 689.02(1), Florida Statutes (2002)....

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Harris v. Sklarew, 166 So. 2d 164 (Fla. Dist. Ct. App. 1964).

Published | District Court of Appeal of Florida | 1964 Fla. App. LEXIS 3945

...iscovered that the defendant-appellee did not have title to the property conveyed at the time of the conveyance, nor had she since that time acquired title. The appellants urge that, inasmuch as the form of the deed in question was that set forth in § 689.02, Fla.Stat., F.S.A., except for certain words of limitation which were added, the deed was one containing full common-law covenants by virtue of § 689.03, Fla.Stat., F.S.A., 1 limited only by the words “claiming or to claim the same by, t...

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Vista Gardens Condo. Ass'n v. Bauer, 705 So. 2d 1008 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 906, 1998 WL 39626

objection prior to the delivery of the award. Section 689.02 provides further that any objection based on

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William Thayer & Louise a. Jefferson v. Doris D. Hawthorn (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

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