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Florida Statute 689.05 | Lawyer Caselaw & Research
F.S. 689.05 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 689.05

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST
View Entire Chapter
F.S. 689.05
689.05 How declarations of trust proved.All declarations and creations of trust and confidence of or in any messuages, lands, tenements or hereditaments shall be manifested and proved by some writing, signed by the party authorized by law to declare or create such trust or confidence, or by the party’s last will and testament, or else they shall be utterly void and of none effect; provided, always, that where any conveyance shall be made of any lands, messuages or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by the act and operation of law, then, and in every such case, such trust or confidence shall be of the like force and effect as the same would have been if this section had not been made, anything herein contained to the contrary in anywise notwithstanding.
History.s. 2, Nov. 15, 1828; RS 1951; GS 2452; RGS 3791; CGL 5664; s. 754, ch. 97-102.

F.S. 689.05 on Google Scholar

F.S. 689.05 on Casetext

Amendments to 689.05


Arrestable Offenses / Crimes under Fla. Stat. 689.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BRIGHAM, v. BRIGHAM, W. EFP No. No. No. No. No. No. No., 11 So. 3d 374 (Fla. Dist. Ct. App. 2009)

. . . a “trust” under section 731.201(33), states it does not include a land trust created under section 689.05 . . . Trust No. 1 dated September 28, 1991 (the “EFP Trust”), was not a land trust created under section 689.05 . . .

JOHNSON, v. A. JOHNSON, A., 845 So. 2d 217 (Fla. Dist. Ct. App. 2003)

. . . See § 689.05, Fla. Stat. (1991); Brevard County v. . . . Ramsey, 658 So.2d 1190, 1194 (Fla. 5th DCA 1995) ("To prove a trust created under section 689.05, it . . .

PERSAN, v. LIFE CONCEPTS, INC., 738 So. 2d 1008 (Fla. Dist. Ct. App. 1999)

. . . of whether a charitable trust has to be in writing, appellees rely on section 737.501(6) and section 689.05 . . . Section 689.05 does make clear, however, that creation of a trust in land must be in writing and signed . . . there is no “implication of law” that excuses the failure to follow the formalities required by section 689.05 . . . The more applicable statute is section 689.05, Florida Statutes (1997), which requires that trusts be . . .

BREVARD COUNTY, v. C. RAMSEY,, 658 So. 2d 1190 (Fla. Dist. Ct. App. 1995)

. . . Section 689.05 provides that declarations of trust are valid if they are “manifested and proved by some . . . Where a document meets the requirements of section 689.05, it meets the formalities for conveyancing . . . formalities for conveyancing property are different in sections 689.01 (how real estate is conveyed) and 689.05 . . . The Ramseys counter by citing section 689.05, Florida Statutes (1993): How Declarations of Trust Proved . . . Section 689.05, Florida Statutes, a statute of frauds, provides in pertinent part: ... declarations . . . . To prove a trust created under section 689.05, it is not necessary that the writing be a deed or that . . . property to a trustee merely by a witnessed declaration was void, but failing to cite either section 689.05 . . . they did not need to comply with section 689.06, and it was enough that they complied with section 689.05 . . .

ZANAKIS v. ZANAKIS,, 629 So. 2d 181 (Fla. Dist. Ct. App. 1993)

. . . Section 689.05, Florida Statutes (1991), and Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (1927). . . .

ZUCKERMAN, v. ALTER,, 615 So. 2d 661 (Fla. 1993)

. . . requiring real estate conveyances to be written and signed in the presence of two subscribing witnesses), § 689.05 . . .

In INTERNATIONAL FOOD CORPORATION, INTERNATIONAL FOOD CORPORATION OF AMERICA, v. UNITED STATES AROSEMENA, v. INTERNATIONAL FOOD CORPORATION OF AMERICA, AROSEMENA, v. UNITED STATES, 55 B.R. 937 (Bankr. M.D. Fla. 1985)

. . . proven by some writing, “.... or else they shall be utterly void and of none effect;.... ” Section 689.05 . . .

UNITED STATES v. A. GRANELLI,, 558 F.2d 1042 (1st Cir. 1977)

. . . The third complaint charged the theft of $689.05 from the Star Market. . . . the Star Market complaint, following payment of court costs and restitution in the full amount of $689.05 . . .

MORTON, v. MORTON,, 227 So. 2d 84 (Fla. Dist. Ct. App. 1969)

. . . Cooey, 132 Fla. 716, 182 So. 202; § 689.05, Fla.Stat., F.S.A.; 33 Fla.Jur., Trusts, §§ 12, 14; Bogart . . .

S. LAMB, v. T. JONES, 202 So. 2d 810 (Fla. Dist. Ct. App. 1967)

. . . See: § 689.05, Fla.Stat., F.S.A. . . .

In VED ELVA, INC. a O- B. a, 260 F. Supp. 978 (D.N.J. 1966)

. . . judgment was obtained by Shore Restaurant Equipment Co., Inc., on February 18, 1964 in the amount of $19,-689.05 . . .

GRAPES, v. E. MITCHELL,, 159 So. 2d 465 (Fla. 1963)

. . . Sec. 689.05, F.S.A. . . . The statute [F.S, § 689.05, F.S.A.] provides that express trusts must be evidenced by some writing signed . . .

E. MITCHELL, v. GRAPES,, 146 So. 2d 591 (Fla. Dist. Ct. App. 1962)

. . . claiming any right, title or interest in or to the property ; that the plaintiffs’ action is barred by § 689.05 . . . trust situation (or a constructive trust, which was not alleged) the Florida Statute of Frauds (Section 689.05 . . . Likewise, it was clearly the purpose of § 689.05 Fla.Stat., F.S.A., to preclude oral declarations of . . . solely from an alleged gratuitous conveyance by an owner of land to another, then this exception to § 689.05 . . . Sec. 689.05, Florida Statutes 1951, F.S.A. provides that 'declarations and creations of trust * * * shall . . .

V. HALLAM, v. H. GLADMAN, V. W. F. a, 132 So. 2d 198 (Fla. Dist. Ct. App. 1961)

. . . Crockett, 1940, 145 Fla. 311, 199 So. 337; and section 689.05, Florida Statutes, F.S.A. . . .

H. MARTIN, v. F. WILSON, c. t. a., 115 So. 2d 573 (Fla. Dist. Ct. App. 1959)

. . . Section 689.05, F. . . . Section 689.05, F.S. . Geter v. Simmons, 57 Fla. 423, 49 So. 131. . Geter v. Simmons, see note 4. . . . .

P. MILLS, v. MILLS, A., 112 So. 2d 298 (Fla. Dist. Ct. App. 1959)

. . . cases dealing with attempts to create express trusts which if oral, are unenforcible under section 689.05 . . . Kalstein, note 7, supra. . “689.05 Soio declarations of trust proved. . . .

ST. JOHN S PRESBYTERY, a St. v. CENTRAL PRESBYTERIAN CHURCH OF ST. PETERSBURG, a St. St. a J. Jr. H. H., 102 So. 2d 714 (Fla. 1958)

. . . Petersburg.” (3) The chancellor also found the contention of plaintiffs to be that the Statute of Frauds, §§ 689.05 . . .

ST. JOHN S PRESBYTERY, v. CENTRAL PRESBYTERIAN CHURCH,, 8 Fla. Supp. 1 (Pinellas Cty. Cir. Ct. 1955)

. . . Plaintiffs contend that the statute of frauds, sections 689.05, 689.06, Florida Statutes 1953, does not . . .

WODONOS v. WODONOS, 62 So. 2d 78 (Fla. 1952)

. . . Sec. 689.05, Florida Statutes 1951, F.S.A. provides that “declarations and creations of trust * * * shall . . .

MOLLIE RAPPAPORT v. FRIEDA KALSTEIN, DANIEL AARON ENGELBERG, FRIEDA KALSTEIN DANIEL AARON ENGELBERG,, 156 Fla. 722 (Fla. 1946)

. . . Section 689.05, Florida Statutes 1941, defines the manner in which trusts may be created and proven in . . .

J. C. ANDERSON, v. T. MABRY CARLTON SEPTA CARLTON, J. B. ALTMAN R. E. RAULERSON, 156 Fla. 170 (Fla. 1945)

. . . cause of action, it was barred by the statute of limitations, and also voided by the statute of frauds (689.05 . . .