CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22517975
...t in order to determine the intent of the grantor, both as to the character of estate and the property conveyed and to so construe the instrument as if legally possible to effectuate such intent." Reid v. Barry,
93 Fla. 849,
112 So. 846, 851 (1927). Section
689.10, Florida Statutes (1969), provides that words of limitation in the conveyance of real estate shall be construed to vest fee simple title "unless a contrary intention shall appear in the deed...." We have examined whether the deed's inc...
...CSX Transp., Inc.,
622 So.2d 1120 (Fla. 3d DCA 1993). The inconsistencies on the face of the deed, together with the meaninglessness of the deed's language "for ingress and egress," if one construes it to have conveyed fee title, appear to create a contrary intention under section
689.10 as to Parcel Two....
CopyCited 3 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 620, 2015 Fla. LEXIS 2477, 2015 WL 6749915
...usion that the deeds by their language
appeared to convey fee simple title. The deeds in question in this case included all
the formal statements needed to show that the land was purchased and that the
deeds granted fee simple title.5
5. Section 689.10, Florida Statutes (2014), provides:
Where any real estate has heretofore been conveyed or granted
or shall hereafter be conveyed or granted without there being used in
the said deed or conveyance or grant any...
CopyCited 1 times | Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17763
...he extent of the estate conveyed, so permitting clarification by parol evidence. The deed in statutory form operated to convey the fee simple title in the absence of words of limitation or other expressions of a contrary intention in the instrument. Section 689.10, Florida Statutes (1969), (1979); Bronstein v....
...nveyance. E, g., First Nat’l Bank v. Ashmead,
23 Fla. 379, 385 ,
2 So. 657 , 659 (1887). Here appellants propose improperly to impeach “the language of which the instrument is the repository.” Ibid. That language expresses the estate conveyed. Section
689.10....
CopyCited 1 times | Published | Supreme Court of Florida | 58 A.L.R. 2d 1369
...as indispensable to create a grant of a fee simple title and further that when used, the word "heirs" necessarily resulted in the grant of a fee simple title to the exclusion of any other language in the conveyance. In Florida by the passage of F.S. § 689.10, F.S.A., our Legislature eliminated the necessity for the use of the word "heirs" as an indispensable element in the granting of a fee simple estate....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4643, 1994 WL 189712
...Appellants argue that the deed in statutory form, §
689.02, Fla.Stat. (1973), operated to convey the fee simple title, including the right to collect rents, to each successive owner. Appellees urge the “subject to” language rendered the deed susceptible to clarification by parol evidence, §
689.10, Fla....
