Florida Statute 712.001 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY

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712.001 Short title.—This chapter may be cited as the “Marketable Record Title Act.”

History.—s. 1, ch. 2018-55.

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Amendments to 712.001

Annotations, Discussions, Cases:

Cases Citing Statute 712.001

Total Results: 37 | Sort by: Relevance | Newest First

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Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004).

Cited 46 times | Published | Supreme Court of Florida | 2004 WL 2359991

of title is the date on which it was recorded. § 712.01(2), Fla. Stat. (2003). Stated differently, the

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City of Miami v. St. Joe Paper Co., 364 So. 2d 439 (Fla. 1978).

Cited 25 times | Published | Supreme Court of Florida

section) does not include municipalities for Section 712.01(1) Florida Statutes, defining terms used in

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Marshall v. Hollywood, Inc., 224 So. 2d 743 (Fla. 4th DCA 1969).

Cited 20 times | Published | Florida 4th District Court of Appeal

inescapable. The Florida Marketable Title Act, Section 712.01, F.S. 1967, F.S.A., was enacted in 1963 and

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Holland v. Hattaway, 438 So. 2d 456 (Fla. 5th DCA 1983).

Cited 11 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 24436

of title and determining its root of title. Section 712.01(2) defines "root of title" as the last or most

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Wilson v. Kelley, 226 So. 2d 123 (Fla. 2d DCA 1969).

Cited 10 times | Published | Florida 2nd District Court of Appeal

the date on which it was recorded." Fla. Stat. § 712.01(2) (1967), F.S.A. A "title transaction" is "any

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ITT Rayonier, Inc. v. Wadsworth, 346 So. 2d 1004 (Fla. 1977).

Cited 10 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 3907

Marketable Record Title Act, Florida Statutes, Section 712.01. "By deed dated December 30, 1942, and recorded

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Cirelli v. Ent, 885 So. 2d 423 (Fla. 5th DCA 2004).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2004 WL 2340685

time when marketability is being determined," section 712.01(2), Florida Statutes, to the McDonalds' Parcel

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H & F Land v. Panama City-Bay Co. Airport, 736 So. 2d 1167 (Fla. 1999).

Cited 8 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 264, 1999 Fla. LEXIS 1047, 24 Fla. L. Weekly Fed. S 264

was recorded at least thirty years ago.[6]See § 712.01(2), Fla. Stat. (1995). In this case, the root

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Martin v. Town of Palm Beach, 643 So. 2d 112 (Fla. 4th DCA 1994).

Cited 5 times | Published | Florida 4th District Court of Appeal | 1994 WL 543591

712.03... . § 712.02, Fla. Stat. (1993). [5] Section 712.01(2), Florida Statutes (1993), defines "root

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Askew v. Sonson, 409 So. 2d 7 (Fla. 1981).

Cited 5 times | Published | Supreme Court of Florida

in s. 712.03." § 712.10, Fla. Stat. (1977). Section 712.01, Florida Statutes (1977) reads as follows:

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Sunshine Vistas Homeowners Ass'n v. Caruana, 623 So. 2d 490 (Fla. 1993).

Cited 4 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 463, 1993 Fla. LEXIS 1439, 1993 WL 335012

of title is the date on which it was recorded." § 712.01(2), Fla. Stat. (1989). "The document with which

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City of Pensacola v. Capital Realty Holding Co., Inc., 417 So. 2d 687 (Fla. 1st DCA 1982).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19571

of title is the date on which it was recorded. § 712.01(2), Fla. Stat.

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Coastal Petroleum Co. v. Am. Cyanamid, 454 So. 2d 6 (Fla. 2d DCA 1984).

Cited 4 times | Published | Florida 2nd District Court of Appeal

deeds, which are the plaintiffs' "root of title." § 712.01(2), Fla. Stat. (1981). Plaintiffs' titles under

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Cunningham v. Haley, 501 So. 2d 649 (Fla. 5th DCA 1986).

Cited 4 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 175

a title transaction under the definition in section 712.01(3), Florida Statutes, and that all of the appellants

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BD OF Trs., ETC. v. Paradise Fruit Co., 414 So. 2d 10 (Fla. 5th DCA 1982).

Cited 4 times | Published | Florida 5th District Court of Appeal

application of the Marketable Record Title Act (MRTA), § 712.01 et seq., Fla. Stat. (1979), to lands under unmeandered

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Allen v. St. Petersburg Bank & Trust Co., 383 So. 2d 1171 (Fla. 2d DCA 1980).

Cited 3 times | Published | Florida 2nd District Court of Appeal

affects title to any estate or interest in land." Section 712.01(3), Florida Statutes (1979). Appellee's 1944

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Matissek v. Waller, 51 So. 3d 625 (Fla. 2d DCA 2011).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 81, 2011 WL 116144

Finally, the "root of title" is defined under section 712.01(2) as *629 any title transaction purporting

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Noblin v. Harbor Hills Dev., L.P., 896 So. 2d 781 (Fla. 5th DCA 2005).

Cited 1 times | Published | Florida 5th District Court of Appeal | 164 Oil & Gas Rep. 863, 2005 Fla. App. LEXIS 186, 30 Fla. L. Weekly Fed. D 237

time when the marketability is being determined.” § 712.01(2), Fla. Stat. (2002). The root of title to the

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Save Calusa Trust v. St. Andrews Holdings, Ltd., 193 So. 3d 910 (Fla. 3d DCA 2016).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 426, 2016 WL 145997

particularly relevant to this appeal are: (i) section 712.01, which provides definitions; (ii) section 712

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Clipper Bay Investments, LLC v. State Dep't of Transp., 117 So. 3d 7 (Fla. 1st DCA 2013).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 425882, 2013 Fla. App. LEXIS 1680

transaction thirty years prior as the “root of title.” § 712.01(2), Fla. Stat. (2008). Further, MRTA states that

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Nourachi v. United States, 632 F. Supp. 2d 1101 (M.D. Fla. 2009).

Cited 1 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 34468, 2009 WL 1107748

Florida's Marketable Record Title Act, Fla. Stat. § 712.01, et seq. ("MRTA"). The MRTA provides that any

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Vill. Carver Phase 1, LLC v. Fid. Nat'l Title Ins. Co., 128 So. 3d 107 (Fla. 3d DCA 2013).

Published | Florida 3rd District Court of Appeal | 2013 WL 5429585, 2013 Fla. App. LEXIS 15394

Marketable Record Title to Real Property Act (MRTA), § 712.01, et seq., Fla. Stat. (2008), relieved Fidelity

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Kittrell v. Clark, 363 So. 2d 373 (Fla. 1st DCA 1978).

Published | Florida 1st District Court of Appeal

affects title to any estate or interest in land." Section 712.01(3). Appellee Blocker contends that the probate

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Kittrell v. Clark, 383 So. 2d 909 (Fla. 1980).

Published | Supreme Court of Florida | 1980 Fla. LEXIS 4231

affects title to any estate or interest in land.” § 712.01(3), Fla.Stat. (1975). “Root of title” is defined

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Berger v. Riverwind Parking, LLP, 842 So. 2d 918 (Fla. 5th DCA 2003).

Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 2862, 2003 WL 826551

definition of title transaction appearing in section 712.01(3) which is “any recorded instrument or court

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Florida Dep't of Transp. v. Clipper Bay Investments, LLC, 160 So. 3d 858 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 164, 2015 Fla. LEXIS 577, 2015 WL 1379975

of title is the date on which it was recorded. § 712.01(2), Fla. Stat. . A muniment of title is "documentary

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Scott Lyday & Tammy Lyday v. Myakka Valley Ranches Improvement Ass'n, Inc. & Vivian Zabik (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

title is the date on which it was recorded." § 712.01(2).

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Mullins v. Mullins, 274 So. 3d 513 (Fla. 5th DCA 2019).

Published | Florida 5th District Court of Appeal

constitutes a title transaction within the meaning of section 712.01(3), Florida Statutes (2011), and thereby extinguished

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Mullins v. Mullins, 274 So. 3d 513 (Fla. 5th DCA 2019).

Published | Florida 5th District Court of Appeal

constitutes a title transaction within the meaning of section 712.01(3), Florida Statutes (2011), and thereby extinguished

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HJH, L.L.C. v. Volusia Cnty., 170 So. 3d 100 (Fla. 5th DCA 2015).

Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 9745, 2015 WL 3915930

here]] *108[[Image here]] *109[[Image here]] . § 712.01, Fla. Stat. (2013). . See Trepanier v. County

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South Florida Water Mgmt. Dist. v. Muroff, 508 So. 2d 510 (Fla. 4th DCA 1987).

Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1459, 95 Oil & Gas Rep. 250, 1987 Fla. App. LEXIS 8741

points out that the 1947 conveyance meets the section 712.01(2) definition of “root of title” — “any title

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Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

restrictions that are imposed on the parcels." § 712.01(4). There is no dispute that MRTA effectively

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Mayo v. Owens, 367 So. 2d 1054 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14149

within the contemplation of F.S. 712.-03(4). F.S. 712.01(3) defines “title transaction” to mean “any recorded

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Leonard M. Harrell v. Doyle Alva Wester, Eugenia W. Pelt, & Billy Wester Dickson, Pencie W. Wester, 853 F.2d 828 (11th Cir. 1988).

Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 11692, 1988 WL 82862

to any estate or interest in land_” Fla.Stat. § 712.01(3). By itself this statutory definition sheds

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Amber Perrin v. State of Florida, Dep't of Transp. (Fla. 3d DCA 2025).

Published | Florida 3rd District Court of Appeal

...and, from the City of Miami in 1958. The parties agree that this 1958 transaction constitutes the root of title for the purposes of MRTA.2 FDOT currently uses the Property to capture and treat stormwater runoff from abutting roadways. 1 See §§ 712.001-12, Fla....

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Sara Watts v. Joggers Run Prop. Owners Ass'n, Inc. (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: Jan 25, 2024

condition of parcel ownership”), with Fla Stat. § 712.01(5) (deﬁning a property owners’ association

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Southfields of Palm Beach Polo & Country Club Homeowners Ass'n v. McCullough, 111 So. 3d 283 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 WL 1629186, 2013 Fla. App. LEXIS 6061

Plan. . "Root of title” is defined under section 712.01(2), Florida Statutes (2010), as "any title

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