CopyCited 46 times | Published | Supreme Court of Florida | 2004 WL 2359991
...the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded. § 712.01(2), Fla....
CopyCited 25 times | Published | Supreme Court of Florida
...ssly set forth in a conveyance from the state. The interest of a municipality is the same as that of any other person and may be extinguished by operation of the act. The term agency (as contained in this section) does not include municipalities for Section 712.01(1) Florida Statutes, defining terms used in the act, contains the following: "The term person as used herein denotes singular or plural, natural or corporate, private or governmental, including the state and any political subdivision o...
...This being so, the city contends that a wild deed cannot be the foundation for a vested estate that would fall under the protection of the Act. The city states that the Act requires that there be a "root of title" which involves a "title transaction." A "title transaction" is defined by Florida Statutes, Section 712.01(3) as one which affects title....
CopyCited 20 times | Published | Florida 4th District Court of Appeal
...1954,
76 So.2d 645, for the purposes of evaluating the second amended complaint, we will accept the plaintiff's characterization of the deed as a forgery and, as such, void. We think the plaintiff's conclusion that the deed was void under the facts alleged in the complaint is inescapable. The Florida Marketable Title Act, Section
712.01, F.S....
...Ideal Farms Drainage District v. Certain Lands, 1944,
154 Fla. 554,
19 So.2d 234. The interpretation which we give the word "affecting" as used in Section
712.02 attributes to it a meaning consistent with the sense in which the same word is used in Section
712.01(3) in the definition of a "title transaction"....
...transfer or modify an estate or interest in land, but which actually did not do so because of some defect or impediment. Such an interpretation would create an inconsistency within the definition of the term "root of title" because it is defined in Section 712.01(2) in terms of a title transaction which purports to create or transfer an estate....
...prior to the effective date of the root of title. The deed from Hollywood Realty Company to Homeseekers Realty Company and the deed from The Highway Construction Company of Ohio, Inc., to Hollywood, Inc., are roots of title within the definition of Section 712.01(2)....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 24436
...Therefore MRTA can even confer marketability to a chain of title arising out of a forged or wild deed. Marshall v. Hollywood, Inc.,
236 So.2d 114 (Fla. 1970). MRTA is applied [6] by first establishing a claimant's chain of title and determining its root of title. Section
712.01(2) defines "root of title" as the last or most recent "title transaction" purporting to create or transfer the estate claimed and recorded at least 30 years....
...ate of the root of title. The words "arising out of" in the above exception are undefined in the statute, are not words of ordinary legal meaning in the context used, and cause a substantial construction problem. The definition of "root of title" in section 712.01(2), recognizes that "title transactions" all purport to either "create or transfer" an estate or interest in land....
...to an easement. However, in this case MRTA also applies to appellants' fee title and we therefore have what has been called a "classic theoretical issue in marketable title legislation:" The Problem of the Two Chains. [10] Applying the definition in section 712.01(2), appellants' root of title would be the deed at entry 8 from Lake Concord to Casselberry Utilities which was recorded August 8, 1944, and which purports to transfer the interest claimed by appellants, which is the fee simple absolute title to Lot 2, unencumbered by the easement claimed by the appellees....
...superior title)? In contemplating the answer to this question one should consider two matters, viz: (1) the origin of a true superior title, being sovereignty, will always be before the origin of any spurious title relating to the same land and (2) section
712.01(2) defines root of title as the last title transaction recorded at least 30 years, and section
712.03(4) uses that last title transaction at least 30 years of record (and not the origin of title) as pivotal in determining whether a sec...
...ction at entry 13-24 from which appellees' claim "arose" as per
712.03(4)) and August 12, 1951 (the commencement of the 30 year period immediately before the filing of this quiet title suit which is "the time when marketability is being determined" (
712.01(2))....
...to a competing interest. This concept of notice is vital to the constitutional validity of statutes that destroy vested property rights. In the context of two competing chains of title each old enough of record to have a root of title as defined in section 712.01(2), it appears to us entirely illogical and wrong to construe the words "arising out of" to make a controlling distinction between a title transaction recorded during the operative 30 years that transfers all of the estate or interest...
...period by a recorded instrument or court proceeding which constitutes a title transaction. Under this construction of the exception in section
712.03(4) a title transaction in a competing chain of title which itself has a root of title as defined in section
712.01(2), which title transaction describes the land sufficiently to identify its location and boundaries and is recorded during the operative 30 year period applicable to the competing chain of title, constitutes adequate notice of the exis...
...Therefore, in *472 the absence of any disclaimer, each deed in appellant's chain of title subsequent to the deed purporting to create the easement must be deemed to be subject to the already recorded grant of easement and cannot be considered as a "title transaction" as defined in section 712.01(3) as the deeds pertain to the easement, because these instruments do not purport to affect the title to the easement in any way whatever....
...breach of warranty; (2) as being sufficient to pass an after-acquired title; (3) as color of title under some statutes of limitation (see §
95.16, Fla. Stat.); (4) as will be discussed below, as being a "title transaction" and a root of title under section
712.01(2), Fla....
...was the deed at entry 13-24 (Casselberry to Besecker). Appellees admitted that deed was "a" root of their title but claimed there may be others. Both parties were apparently treating the term "root of title" as descriptive rather than as defined in section 712.01(2)....
...Both parties were in error in this instance because the deed at entry 26, not the deed in entry 13-24, "is the last title transaction [in appellees' chain of title] to have been recorded at least 30 years prior to the time when marketability is being determined." § 712.01(2), Fla....
...It is unfortunate that this exception was not properly pleaded and presented below because it would be expected to completely eliminate the problem in this case. [12] Notice that this title transaction predates appellees' root of title which, because of the definition in section 712.01(2) is entry 26....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...med by any person and which is the last title transaction to have been recorded at least thirty years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded." Fla. Stat. § 712.01(2) (1967), F.S.A. A "title transaction" is "any recorded instrument or court proceeding which affects title to any estate or interest in land." Fla. Stat. § 712.01(3) (1967), F.S.A....
...only to such limitations as appear in §
712.03." Fla. Stat. §
712.10 (1967), F.S.A. [6] These observations as to matters that must be investigated are based upon the exceptions to marketability set out in Section
712.03 of the Act. [7] Fla. Stat. §
712.01(2) (1967), F.S.A....
CopyCited 10 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 3907
...WADSWORTH a one-fourth undivided interest.' "This instrument was signed, sealed, witnessed and acknowledged by Lotta M. Wadsworth and was placed of record in August of 1937. "This is the deed which Rayonier contends is a `root of title' within the provisions of the Florida Marketable Record Title Act, Florida Statutes, Section 712.01....
...d by Appellants: With respect to the interest purportedly conveyed to Lotta by the 1937 deed, does the deed constitute a valid `root of title' upon which can be established a `marketable record title' within the meaning of Florida Statutes, Sections
712.01 and
712.02? "Question 1 as proposed by Appellee: Does the 1937 deed from Lotta M. Wadsworth constitute a valid `root of title' upon which can be established a `marketable record title' within the meaning of Florida Statutes, Sections
712.01 and
712.02? "2....
...estate claimed by any person and which is the last title transaction to have been recorded at least thirty years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded." Section 712.01(2) The three children argue that insofar as it concerns Lotta's three-fourths interest in the land, the 1937 deed is not a "root of title" because it is neither a "title transaction" which "affects title" nor does it "purport" to create or transfer an estate....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2004 WL 2340685
...October 24, 2000. The McDonalds then asserted the root of title to their own three parcels. The root of title, defined as "the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined," section 712.01(2), Florida Statutes, to the McDonalds' Parcel A was March 22, 1950; to Parcel B was April 28, 1944; and to Parcel C was April 28, 1944....
...The root of title is defined as "any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least thirty years prior to the time when the marketability is being determined." § 712.01(2), Fla....
CopyCited 8 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 264, 1999 Fla. LEXIS 1047, 24 Fla. L. Weekly Fed. S 264
...stead of to an examination of the circumstances surrounding the deed. Id. Initially, we note that the term "root of title" refers to the last title transaction creating the estate in question and which was recorded at least thirty years ago. [6] See § 712.01(2), Fla....
...Moreover, there is no claim that ways of necessity are expressly made the subject of a specific exception to MRTA. [5] "Muniments of title" means the written evidence which a land owner can use to defend title to his estate. See Black's Law Dictionary 1019 (6th ed.1990). [6] Section 712.01(2) defines "root of title" as the "title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1994 WL 543591
...ecord 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... . §
712.02, Fla. Stat. (1993). [5] Section
712.01(2), Florida Statutes (1993), defines "root of title" as "any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to t...
CopyCited 5 times | Published | Supreme Court of Florida
...The legislature expressly directed that the act be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record title "as described in s.
712.02 subject only to such limitations as appear in s.
712.03." §
712.10, Fla. Stat. (1977). Section
712.01, Florida Statutes (1977) reads as follows: As used in this law: (1) The term "person" as used herein denotes singular or plural, natural or corporate, private or governmental, including the state and any political subdivision or agency thereof as the context for the use thereof requires or denotes....
...Thus, with the adding of subsection (7), the legislature, for the first time, made an exception for state lands, and then only for submerged lands beneath navigable waters acquired because of sovereignty. The essence of the MRTA is that if a person, as defined in section 712.01, Florida Statutes, holds a chain of title going back over a period of thirty years and no other person or governmental entity has filed a notice of claim to the property during the thirty-year period, then all conflicting claims based...
CopyCited 4 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 463, 1993 Fla. LEXIS 1439, 1993 WL 335012
...the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded." § 712.01(2), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19571
...the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded. § 712.01(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Board of Trustees of the Internal Improvement Trust Fund v. Paradise Fruit Co.,
414 So.2d 10 (Fla. 5th DCA 1982), petition for review denied,
432 So.2d 37 (Fla. 1983). Here, as in Paradise Fruit Co., the Trustees executed the deeds, which are the plaintiffs' "root of title." §
712.01(2), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 175
...d and specifically identified in one or more of the muniments of title in appellants' chains of title since the date of appellants' respective roots of title. Appellees argue that a court proceeding can be a title transaction under the definition in section 712.01(3), Florida Statutes, and that all of the appellants or their predecessors in title were parties to two prior court proceedings and that such court proceedings sufficiently identified appellants' lots as to give them or their predecessors in title actual notice that the restrictions were valid and binding....
...n
712.03(1) for two reasons. First, the statute refers to both "title transactions" and "muniments of title" because, while somewhat similar, there is a difference between those terms. A title transaction within the meaning of this act is defined in section
712.01(3), Florida Statutes, and means any recorded instrument or court proceeding which affects title to any estate or interest in land and which describes the land affected with legal sufficiency....
...fects," at least, the title to lots 24-27 by its adjudication that the title to those lots were still encumbered by the restrictions in question. Second, assuming each of the two law actions constitutes a "title transaction" within the definition in section
712.01(3), and "affected" the lots owned by appellants and "imposed, transferred or continued" the use restrictions, nevertheless, the two law actions are not effectual to comply with section
712.03(1) because they are not specifically identi...
...[4] The final judgment entered below is reversed with directions that upon remand the trial court direct the clerk of the lower court to enter this opinion as the final judgment in this case. REVERSED and REMANDED. DAUKSCH and ORFINGER, JJ., concur. NOTES [1] "Root of title" is defined by section 712.01(2) and "means any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...Rehearing Denied May 24, 1982. John W. Williams, Tallahassee, for appellant. Charles M. Harris of Crofton, Holland, Starling, Harris & Severs, P.A., Titusville, for appellee. COWART, Judge. This case involves the application of the Marketable Record Title Act (MRTA), § 712.01 et seq., Fla....
...However, the general reference in those documents to "all the water bottom lying within the boundaries of the following lakes: St. Johns River" is too vague to describe lands sufficiently to identify its location and boundaries if it were otherwise sufficient. See § 712.01(3), Fla....
...to those water covered lands. [4] We say "wrongfully" because in 1906 the Trustees of the Internal Improvement Fund of the State of Florida had authority only to sell swamp and overflowed lands and not sovereignty lands beneath navigable waters. [5] § 712.01(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...itle to the land which has been of record for not less than thirty years. Section
712.02, Florida Statutes (1979). A title transaction is defined as "any recorded instrument or court proceeding which affects title to any estate or interest in land." Section
712.01(3), Florida Statutes (1979)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 81, 2011 WL 116144
...ded plat be made therein to a recorded title transaction which imposed, transferred or continued such easement, use restrictions or other interests; subject, however, to the provisions of subsection (5). Finally, the "root of title" is defined under section 712.01(2) as *629 any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined....
...Thus, the amendments are not considered to be "muniments of title," and subsection
712.03(1) is inapplicable. [7] Similarly, the 1977 amendments do not apply under subsection
712.03(4) because the amendments are not "title transactions" as defined in section
712.01(3), [8] and the legislature did not intend that a covenant or restriction be considered an estate, interest, claim, or charge affecting title....
...Haley,
501 So.2d 649, 652 (Fla. 5th DCA 1986). [8] "`Title transaction' means any recorded instrument or court proceeding which affects title to any estate or interest in land and which describes the land sufficiently to identify its location and boundaries." §
712.01(3)....
CopyCited 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
...The root of title is defined as “any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when the marketability is being determined.” § 712.01(2), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 426, 2016 WL 145997
...laim or charge to, title to real
property is extinguished if such estate, interest, claim or charge is more than thirty
years old (based on the date of the root of title), and has not been preserved by the
statutory procedure set forth in MRTA. §§ 712.01-05, Fla....
...er land
development regulations that restrict a property’s use. Rather, Owner argues that,
while the restrictive zoning covenant might have been contemplated by the zoning
7 The provisions of MRTA particularly relevant to this appeal are: (i) section
712.01, which provides definitions; (ii) section
712.03, which delineates nine sets
of rights that are exempt from extinguishment by MRTA; and (iii) section
712.04,
which supplies the operative language nullifying certain stale interests and claims
in property....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 425882, 2013 Fla. App. LEXIS 1680
...rson claiming such estate, with nothing appearing of record, in either case, purporting to divest such claimant of the estate claimed. §
712.02, Fla. Stat. (2008). MRTA refers to that title transaction thirty years prior as the “root of title.” §
712.01(2), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 34468, 2009 WL 1107748
...The Marketable Record Title Act In the event the Court determines that the 1937 deed conveyed to the United States the property Nourachi purchased at the December 2002 tax sale, Nourachi alternatively argues that title should be divested from the United States pursuant to Florida's Marketable Record Title Act, Fla. Stat. § 712.01, et seq....
...Summary judgment is granted in favor of the United States of America and against the Plaintiff, David Nourachi, as Trustee, as to that portion of the Plaintiff's quiet title claim set forth in Count I of his Revised Amended Complaint (Doc. 18), which relies upon Florida's Marketable Record Title Act, Fla. Stat. § 712.01, et seq....
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 5429585, 2013 Fla. App. LEXIS 15394
...8. The title insurance policy in this case was issued one-hundred years later on December 24, 2008. Although the deed was recorded and searchable, Village Carver properly concedes that the Florida Marketable Record Title to Real Property Act (MRTA), § 712.01, et seq., Fla....
...e estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded.” § 712.01(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...arising out of a title transaction which has been recorded subsequent to the effective date of the root of title." Section
712.03(4). A "title transaction" is defined as "... any recorded instrument or court proceeding which affects title to any estate or interest in land." Section
712.01(3)....
...Hall conveyed all of the real property owned by him to his wife. The will was admitted to probate and recorded in the office of the county judge. We conclude that the probate and recording of R.S. Hall's will in 1919 was a "title transaction" within the meaning of Section 712.01(3) even though there was no description, inventory or mention in the will or probate proceedings of the specific property in question. Section 712.01(3) does not require that the "title transaction" specifically describe the estate or interest which it affects, and in 1919 there was no requirement that an inventory of real estate be filed in estate proceedings....
...visions of Sections
712.03(1) and
712.06(1)(c) which require an accurate description of the land or interest involved. This is a persuasive and appealing argument but we may not supply that which the legislature did not choose to include in Sections
712.01(3) and
712.03(4)....
CopyPublished | 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
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 2862, 2003 WL 826551
...Stat. (2001), which exempts “estates, interests, claims, or charges arising out of a title transaction which has been recorded subsequent to the effective date of the root of title.” They rely on the definition of title transaction appearing in section 712.01(3) which is “any recorded instrument or court proceeding which affects title to any estate or interest in land and which describes the land sufficiently to identify its location and boundaries.” Since they claim the amended restric...
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 164, 2015 Fla. LEXIS 577, 2015 WL 1379975
...the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded. § 712.01(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Thus, the Association had until 2001 to file its preservation notice
pursuant to section
712.05(1). The Association filed its preservation notice on January
determined. The effective date of the root of title is the date on which it was recorded."
§
712.01(2).
-4-
4, 2004, but by then MRTA had already extinguished the restrictions rendering them
"null and void." See §
712.04; see also, e.g., Matissek, 51 So....
CopyPublished | Florida 5th District Court of Appeal
constitutes a title transaction within the meaning of section
712.01(3), Florida Statutes (2011), and thereby extinguished
CopyPublished | Florida 5th District Court of Appeal
constitutes a title transaction within the meaning of section
712.01(3), Florida Statutes (2011), and thereby extinguished
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 9745, 2015 WL 3915930
...The case is remanded to the trial court for entry of judgment in accordance with this decision. AFFIRMED in part; REVERSED in part, and REMANDED. SAWAYA and BERGER, JJ., concur. *105 [[Image here]] *106 [[Image here]] *107 [[Image here]] *108 [[Image here]] *109 [[Image here]] . § 712.01, Fla....
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1459, 95 Oil & Gas Rep. 250, 1987 Fla. App. LEXIS 8741
...The basic question here is whether the 1947 deed may be a proper root of title that also preserves the mineral rights interest of the grantor and its successor, the present defendant/appellant. We conclude that it is. Appellant points out that the 1947 conveyance meets the section 712.01(2) definition of “root of title” — “any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been re *512 corded at least 30 years prior to the time when marketability is being determined.” “Title transaction” is defined at section 712.01(3) as “any recorded instrument or court proceeding which affects title to any estate or interest in land and which describes the land sufficiently to identify its location and boundaries.” Appellees argued below, and continue to ar...
CopyPublished | Florida 2nd District Court of Appeal
...laration of covenants
and restrictions pursuant to the covenant revitalization statutes, §§
720.403-.407, Fla.
Stat. (2016), because it is not a "homeowners' association" as defined by the
Marketable Record Titles to Real Property Act (MRTA), §§
712.01-.11, Fla....
...RTA]." §
712.11. MRTA
defines a homeowners' association as (1) "a homeowners' association as defined in
[section]
720.301, or [(2)] an association of parcel owners which is authorized to enforce
use restrictions that are imposed on the parcels." §
712.01(4)....
...ores.
Whether MRTA also permits revival of the declaration is at issue. In that respect, the
Association does not contend that it is a homeowners' association as defined in section
720.301; only the latter definition of homeowners' association in section
712.01(4) is at
issue.5 Thus, in order for the Association to be eligible to seek revival of Eastwood
Shores' declaration of covenants and restrictions, the Association must be comprised of
owners of residential real property which is subj...
...assessments that, if
unpaid, may become a lien on the parcel." For the reasons discussed later in this
opinion, the Association is comprised of parcel owners as defined in chapter 720.
-5-
association." § 712.01(5).6 There is no dispute that Eastwood Shores is a residential
community....
...The amendments include replacing the term "homeowners'
association" with "property owners' association," and defining "property owners'
association" to include "an association of parcel owners which is authorized to enforce a
community covenant or restriction that is imposed on the parcels." § 712.01(5), Fla.
Stat....
...(2018); ch. 2018-55, § 2. The amendments also eliminate the exclusive ownership
requirement in the definition of parcel, instead defining parcel as "any real property that
is subject to any covenant or restriction of a property owners' association." § 712.01(3),
Fla....
...-6-
be separated from, ownership of any Unit," and that the Association is authorized to
enforce the covenants and restrictions of Eastwood Shores, the Association is a
homeowners' association as defined in section 712.01.
Although "[e]ach unit owner owns a proportionate undivided share of the
common elements appurtenant to the unit" that he owns, Ocean Trail Unit Owners Ass'n
v....
...ed shares by unit owners"). The
Association is an association of owners of "real property which is used for residential
purposes that is subject to exclusive ownership and which is subject to any covenant or
restriction of [the] association." See § 712.01(4), (5)....
...elements—in addition to exclusive ownership of their units does not remove an
association made up of those unit owners from the definition of homeowners'
association under chapter 712.8 There is no requirement in the definitions of
homeowners' association or parcel in section 712.01 that parcel owners only own the
property which renders them subject to the definitions....
...The
Department, in contrast, contends that the Association is not a chapter 712
"homeowners' association" because its parcels are comprised of both condominium
units and undivided ownership in common elements;11 thus the parcels are not
exclusively owned as required by section 712.01(4).
My disagreement with the majority is one of statutory construction....
...1993)).
Section
712.11 provides that "[a] homeowners' association not otherwise
subject to chapter 720 may use the procedures set forth in [sections]
720.403-720.407
to revive covenants that have lapsed under the terms of this chapter." Section
712.01(4) defines "homeowners' association," in part, as "an association of parcel
owners which is authorized to enforce use restrictions that are imposed on the
parcels."12 Section
712.01(5) defines "parcel" as "real property which is used for
residential purposes that is subject to exclusive ownership and which is subject to any
covenant or restriction of a homeowners' association." (Emphasis added.) Section
712.01(5) unambiguously, and indisputably, requires the "parcel" to be "subject to
exclusive ownership." A person has exclusive ownership when the person has
"[o]wnership free from any kind of legal or equitable interest in any one else," or a fee
simple title to property. See Exclusive Ownership, Black's Law Dictionary (6th ed.
1990); see also City of Miami v. Osborne,
55 So. 2d 120, 122 (Fla. 1951) ("A fee simple
12As the majority recognizes, section
712.01(4) also defines "homeowners'
association" as "a homeowners' association as defined in [section]
720.301." The
Association does not argue on appeal that it was a homeowners' association as defined
by section
720.301(9)....
...ondominium parcel. Rather,
the majority's cabined analysis rests on the unit owners having exclusive ownership of
their respective units. Section
712.11 applies to associations of owners who own real
property "subject to exclusive ownership." See §
712.01(4), (5). I cannot agree that
section
712.01 extends to an association whose members own an indivisible and hybrid
property interest in the units and the common elements....
CopyPublished | 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
CopyPublished | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 11692, 1988 WL 82862
...Wester to convey a portion of the property to Harrell and to pay Harrell $98,074.27 in proceeds she had received from the property. Because we conclude that Harrell’s action is barred by Florida’s Marketable Record Title Act (MRTA), Fla.Stat. §§ 712.01-10, we reverse....
...ds prevents them from constituting effective title transactions or roots of title under the Act. Under the MRTA a title transaction is “any recorded instrument or court proceeding which affects title to any estate or interest in land_” Fla.Stat. § 712.01(3)....
...The MRTA defines the term “root of title” as any title transaction purporting to create or transfer the estate ... and which is the last title transaction to have been recorded at least thirty years prior to the time when marketability is being determined. Fla.Stat. § 712.01(2) (emphasis added)....
CopyPublished | Florida 3rd District Court of Appeal
...of lot owners to use the streets, alleys, park and riparian rights was at the
pleasure of the Company’s stockholders. Put another way, any use of the
Property by lot owners was pursuant to a license, not an easement.
of Pinellas Park,
887 So. 2d 1224, 1228 (Fla. 2004); §
712.01(6), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 25, 2024
...Stat.
§
720.301(9) (defining an HOA as “a Florida corporation responsible for the
operation of a community or mobile home subdivision . . . in which member-
ship is a mandatory condition of parcel ownership”), with Fla Stat. §
712.01(5)
(defining a property owners’ association as “a homeowners’ association as de-
fined in [Section] 702.301, a corporation[,] or other entity responsible for the
operation of property ....
...habitability of
the dwelling” and that, without these utility services, a resident
would be unable to live in the home. Id.
Similarly, HOA membership is mandatory for homeowners
within Joggers Run. Fla Stat. § 712.01(5)....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1629186, 2013 Fla. App. LEXIS 6061
...23, 1981 and Amendment # 1 to Amended and Restated Declaration of Restrictions of Southfields the By-Laws and Articles of Incorporation of Southfields and the Wellington Countryplace P.U.D. Master Land Use Plan. . "Root of title” is defined under section 712.01(2), Florida Statutes (2010), as "any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined....
