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Florida Statute 712.01 | Lawyer Caselaw & Research
F.S. 712.01 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY
View Entire Chapter
F.S. 712.01
712.01 Definitions.As used in this chapter, the term:
(1) “Community covenant or restriction” means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which:
(a) Subjects the parcel to any use restriction that may be enforced by a property owners’ association; or
(b) Authorizes a property owners’ association to impose a charge or assessment against the parcel or the parcel owner.
(2) “Covenant or restriction” means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which subjects the parcel to any use or other restriction or obligation.
(3) “Parcel” means any real property that is subject to any covenant or restriction of a property owners’ association.
(4) “Person” includes the 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 and including any property owners’ association.
(5) “Property owners’ association” means a homeowners’ association as defined in s. 720.301, a corporation or other entity responsible for the operation of property in which the voting membership is made up of the owners of the property or their agents, or a combination thereof, and in which membership is a mandatory condition of property ownership, or an association of parcel owners which is authorized to enforce a community covenant or restriction that is imposed on the parcels.
(6) “Root of title” means any title transaction purporting to create or transfer the estate claimed by any person which is the last title transaction to have been recorded at least 30 years before the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded.
(7) “Title transaction” means any recorded instrument or court proceeding that affects title to any estate or interest in land and that describes the land sufficiently to identify its location and boundaries.
History.s. 1, ch. 63-133; s. 11, ch. 65-420; s. 1, ch. 81-242; s. 1, ch. 97-202; s. 56, ch. 2000-258; s. 16, ch. 2000-317; s. 2, ch. 2018-55.

F.S. 712.01 on Google Scholar

F.S. 712.01 on Casetext

Amendments to 712.01


Arrestable Offenses / Crimes under Fla. Stat. 712.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MULLINS, v. MULLINS, 274 So. 3d 513 (Fla. App. Ct. 2019)

. . . Carla suggest that the Homestead Order constitutes a title transaction within the meaning of section 712.01 . . . Finally, the Homestead Order in this case does not constitute a title transaction, as defined by section 712.01 . . . "A title transaction within the meaning of this act is defined in section 712.01(3), Florida Statutes . . . Although the probate and recording of a will constitutes a title transaction within the meaning of section 712.01 . . .

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. DEPARTMENT OF ECONOMIC OPPORTUNITY,, 264 So. 3d 264 (Fla. App. Ct. 2019)

. . . Section 712.01(4) defines "homeowners' association," in part, as "an association of parcel owners which . . . Section 712.01(5) unambiguously, and indisputably, requires the "parcel" to be "subject to exclusive . . . See § 712.01(4), (5). . . . I cannot agree that section 712.01 extends to an association whose members own an indivisible and hybrid . . . As the majority recognizes, section 712.01(4) also defines "homeowners' association" as "a homeowners . . . homeowners' association" as defined by the Marketable Record Titles to Real Property Act (MRTA), §§ 712.01 . . . of parcel owners which is authorized to enforce use restrictions that are imposed on the parcels." § 712.01 . . . restrictions of Eastwood Shores, the Association is a homeowners' association as defined in section 712.01 . . . See § 712.01(4), (5). . . . There is no requirement in the definitions of homeowners' association or parcel in section 712.01 that . . .

SAVE CALUSA TRUST, v. ST. ANDREWS HOLDINGS, LTD., 193 So. 3d 910 (Fla. Dist. Ct. App. 2016)

. . . . §§ 712.01-05, Fla. Stat. (2012). . . . The provisions of MRTA particularly relevant to this appeal are: (i) section 712.01, which provides definitions . . .

HJH, L. L. C. A v. VOLUSIA COUNTY,, 170 So. 3d 100 (Fla. Dist. Ct. App. 2015)

. . . . § 712.01, Fla. Stat. (2013). . See Trepanier v. . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. CLIPPER BAY INVESTMENTS, LLC,, 160 So. 3d 858 (Fla. 2015)

. . . . § 712.01(2), Fla. Stat. . . . .

VILLAGE CARVER PHASE LLC, v. FIDELITY NATIONAL TITLE INSURANCE CO., 128 So. 3d 107 (Fla. Dist. Ct. App. 2013)

. . . Village Carver properly concedes that the Florida Marketable Record Title to Real Property Act (MRTA), § 712.01 . . . The effective date of the root of title is the date on which it was recorded.” § 712.01(2), Fla. . . .

SOUTHFIELDS OF PALM BEACH POLO AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. Dr. C. v. D. McCULLOUGH,, 111 So. 3d 283 (Fla. Dist. Ct. App. 2013)

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

CLIPPER BAY INVESTMENTS, LLC, v. STATE DEPARTMENT OF TRANSPORTATION, 117 So. 3d 7 (Fla. Dist. Ct. App. 2013)

. . . .” § 712.01(2), Fla. Stat. (2008). . . .

MATISSEK v. D. WALLER,, 51 So. 3d 625 (Fla. Dist. Ct. App. 2011)

. . . Finally, the “root of title” is defined under section 712.01(2) as any title transaction purporting to . . . under subsection 712.03(4) because the amendments are not “title transactions” as defined in section 712.01 . . . interest in land and which describes the land sufficiently to identify its location and boundaries.” § 712.01 . . .

M. MULDROW, M. R. v. JONES, 36 So. 3d 698 (Fla. Dist. Ct. App. 2010)

. . . . §§ 712.01(2), 712.02, Fla. Stat. . . . .

M. GUTTMAN G. v. P. VANNECK LLC. R. A., 15 So. 3d 813 (Fla. Dist. Ct. App. 2009)

. . . . §§ 712.01-712.11, Fla. Stat. (2009). . . . .

NOURACHI, HW a F. S. v. UNITED STATES M., 632 F. Supp. 2d 1101 (M.D. Fla. 2009)

. . . . § 712.01, et seq. (“MRTA”). . . . Stat. § 712.01, et seq. In all other respects, the Defendant’s Motion is DENIED. . . .

NOBLIN, v. HARBOR HILLS DEVELOPMENT, L. P., 896 So. 2d 781 (Fla. Dist. Ct. App. 2005)

. . . .” § 712.01(2), Fla. Stat. (2002). . . .

H. BLANTON, v. CITY OF PINELLAS PARK,, 887 So. 2d 1224 (Fla. 2004)

. . . . § 712.01(2), Fla. Stat. (2003). . . .

CIRELLI, L. v. ENT, T., 885 So. 2d 423 (Fla. Dist. Ct. App. 2004)

. . . been recorded at least 30 years prior to the time when marketability is being determined,” section 712.01 . . . been recorded at least thirty years prior to the time when the marketability is being determined.” § 712.01 . . .

BERGER, v. RIVERWIND PARKING, LLP,, 842 So. 2d 918 (Fla. Dist. Ct. App. 2003)

. . . They rely on the definition of title transaction appearing in section 712.01(3) which is “any recorded . . .

H F LAND, INC. v. PANAMA CITY- BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT,, 736 So. 2d 1167 (Fla. 1999)

. . . See § 712.01(2), Fla. Stat. (1995). . . . Section 712.01(2) defines “root of title” as the "title transaction purporting to create or transfer . . .

R. MARTIN, v. TOWN OF PALM BEACH,, 643 So. 2d 112 (Fla. Dist. Ct. App. 1994)

. . . Section 712.01(2), Florida Statutes (1993), defines "root of title” as “any title transaction purporting . . .

MENDES JUNIOR INTERNATIONAL COMPANY, v. M V SOKAI MARU, 758 F. Supp. 1169 (S.D. Tex. 1991)

. . . In accordance with the invoice tendered, MJIC owes damages of $92,-712.01 to AMC as its portion of the . . .

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, v. AMERADA HESS CORPORATION v. AMERICAN ROYALTY PRODUCING COMPANY,, 46 Fla. Supp. 2d 97 (Fla. Cir. Ct. 1991)

. . . Florida Statutes § 712.01(2) (1989). . . .

BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, NEBRASKA PUBLIC POWER DISTRICT. BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, 888 F.2d 1228 (8th Cir. 1989)

. . . . §§ 84-712.01 to 84-712.09. . . . and all other persons interested in the examination of the public records, as defined in section 84-712.01 . . . Neb.Rev.Stat. § 84-712.01(2). . . .

M. HARRELL, v. WESTER, W. W., 853 F.2d 828 (11th Cir. 1988)

. . . . §§ 712.01-10, we reverse. I. In June 1938 W.W. Wester died intestate. . . . instrument or court proceeding which affects title to any estate or interest in land_” Fla.Stat. § 712.01 . . . Fla.Stat. § 712.01(2) (emphasis added). . . .

BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, 703 F. Supp. 826 (D. Neb. 1988)

. . . . § 84-712.01 et seq. regarding the requested disclosure of the Burlington Northern-OPPD contract. . . . (Reissue 1947) § 84-712.01. . . .

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, v. I. MUROFF, 508 So. 2d 510 (Fla. Dist. Ct. App. 1987)

. . . Appellant points out that the 1947 conveyance meets the section 712.01(2) definition of “root of title . . . “Title transaction” is defined at section 712.01(3) as “any recorded instrument or court proceeding which . . .

CUNNINGHAM, v. A. HALEY,, 501 So. 2d 649 (Fla. Dist. Ct. App. 1986)

. . . Appellees argue that a court proceeding can be a title transaction under the definition in section 712.01 . . . A title transaction within the meaning of this act is defined in section 712.01(3), Florida Statutes, . . . assuming each of the two law actions constitutes a “title transaction” within the definition in section 712.01 . . . "Root of title” is defined by section 712.01(2) and "means any title transaction purporting to create . . .

COASTAL PETROLEUM COMPANY, v. AMERICAN CYANAMID COMPANY, a COASTAL PETROLEUM COMPANY, v. ESTECH, INC. a, 454 So. 2d 6 (Fla. Dist. Ct. App. 1984)

. . . .” § 712.01(2), Fla. Stat. (1981). . . .

HOLLAND, v. J. M. HATTAWAY,, 438 So. 2d 456 (Fla. Dist. Ct. App. 1983)

. . . recorded grant of easement and cannot be considered as a “title transaction” as defined in section 712.01 . . . Section 712.01(2) defines “root of title” as the last or most recent “title transaction” purporting to . . . The definition of “root of title” in section 712.01(2), recognizes that “title transactions” all purport . . . Applying the definition in section 712.01(2), appellants’ root of title would be the deed at entry 8 . . . ); (4) as will be discussed below, as being a “title transaction” and a root of title under section 712.01 . . . to have been recorded at least 30 years prior to the time when marketability is being determined.” § 712.01 . . .

TRAVICK, v. PARKER, Ad B., 436 So. 2d 957 (Fla. Dist. Ct. App. 1983)

. . . We affirm because the Marketable Record Title Act (hereafter MRTA), sections 712.01-10, Florida Statutes . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE OF FLORIDA, v. PARADISE FRUIT COMPANY, INC. a, 414 So. 2d 10 (Fla. Dist. Ct. App. 1982)

. . . This case involves the application of the Marketable Record Title Act (MRTA), § 712.01 et seq., Fla.Stat . . . See § 712.01(3), Fla.Stat. (1981). . . . . authority only to sell swamp and overflowed lands and not sovereignty lands beneath navigable waters. . § 712.01 . . .

CITY OF PENSACOLA, a v. CAPITAL REALTY HOLDING COMPANY, INC., 417 So. 2d 687 (Fla. Dist. Ct. App. 1982)

. . . . § 712.01(2), Fla.Stat. . . .

AMERICAN CYANAMID COMPANY v. STATE OF FLORIDA, 2 Fla. Supp. 2d 67 (Fla. Cir. Ct. 1981)

. . . Petroleum Company to a third party is not the recordation of a “title transaction” as contemplated by §712.01 . . .

O D. ASKEW, v. R. SONSON,, 409 So. 2d 7 (Fla. 1981)

. . . Section 712.01, Florida Statutes (1977) reads as follows: As used in this law: (1) The term “person” . . . The essence of the MRTA is that if a person, as defined in section 712.01, Florida Statutes, holds a . . .

R. LAURE L. W- L MOLDING COMPANY, v. COMMISSIONER OF INTERNAL REVENUE,, 653 F.2d 253 (6th Cir. 1981)

. . . March 31, 1972, the day before the statutory merger with W-L, Lakala owed $314,671.87 to W-L and $68,-712.01 . . .

STATE BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. J. LANEY,, 399 So. 2d 408 (Fla. Dist. Ct. App. 1981)

. . . . §§ 712.01-, 10, Fla.Stat. (1979). .Navigability is a question of fact dependent upon whether the body . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. CONTEMPORARY LAND SALES, INC., 400 So. 2d 488 (Fla. Dist. Ct. App. 1981)

. . . This case involves the application of the Marketable Record Title Act (§ 712.01 et seq., Fla.Stat. (1963 . . . Contemporary brought a quiet title action alleging the Marketable Record Title Act (§ 712.01 et seq., . . . its lands were included in the NWVi of the SWVi of Section 18 and therefore its “root of title” (§ 712.01 . . .

ALLEN v. ST. PETERSBURG BANK TRUST COMPANY, a, 383 So. 2d 1171 (Fla. Dist. Ct. App. 1980)

. . . Section 712.01(3), Florida Statutes (1979). . . .

B. KITTRELL, v. A. CLARK,, 383 So. 2d 909 (Fla. 1980)

. . . .” § 712.01(3), Fla.Stat. (1975). . . . .” § 712.01(2), Fla.Stat. (1975). . . .

Q. MAYO v. OWENS, M. P. W. E. F. C. D. L. V. E. M., 367 So. 2d 1054 (Fla. Dist. Ct. App. 1979)

. . . F.S. 712.01(3) defines “title transaction” to mean “any recorded instrument or court proceeding which . . . The term “root of title” is defined by F.S. 712.01(2) as follows: “ ‘Root of title’ means any title transaction . . . interest involved in that case, nevertheless constituted a “title transaction” within the meaning of F.S. 712.01 . . . appealing argument but we may not supply that which the legislature did not choose to include in Sections 712.01 . . . (See F.S. 712.01(3)) It would appear, therefore, that based upon the principle of Kittrell v. . . .

CITY OF MIAMI, a v. ST. JOE PAPER COMPANY, a a E. Jr. S. S., 364 So. 2d 439 (Fla. 1978)

. . . The term agency (as contained in this section) does not include municipalities for Section 712.01(1) . . . A “title transaction” is defined by Florida Statutes, Section 712.01(3) as one which affects title. . . .

B. KITTRELL, v. A. CLARK, 363 So. 2d 373 (Fla. Dist. Ct. App. 1978)

. . . Section 712.01(3). Appellee Blocker contends that the probate of R. S. . . . Hall’s will in 1919 was a “title transaction” within the meaning of Section 712.01(3) even though there . . . Section 712.01(3) does not require that the “title transaction” specifically describe the estate or interest . . . appealing argument but we may not supply that which the legislature did not choose to include in Sections 712.01 . . .

ITT RAYONIER, INCORPORATED, a v. L. WADSWORTH,, 556 F.2d 750 (5th Cir. 1977)

. . . which can be established a ‘marketable record title’ within the meaning of Florida Statutes, Sections 712.01 . . . which can be established a ‘marketable record title’ within the meaning of Florida Statutes, Sections 712.01 . . .

ITT RAYONIER, INCORPORATED, v. L. WADSWORTH, 346 So. 2d 1004 (Fla. 1977)

. . . title’ within the provisions of the Florida Marketable Record Title Act', Florida Statutes, Section 712.01 . . . which can be established a ‘marketable record title’ within the meaning of Florida Statutes, Sections 712.01 . . . which can be established a ‘marketable record title’ within the meaning of Florida Statutes, Sections 712.01 . . . Section 712.01(2) The three children argue that insofar as it concerns Lotta’s three-fourths interest . . .

ITT RAYONIER, INCORPORATED, a v. L. WADSWORTH,, 528 F.2d 1033 (5th Cir. 1976)

. . . which can be established a “marketable record title” within the meaning of Florida Statutes, Sections 712.01 . . . which can be established a “marketable record title” within the meaning of Florida Statutes, Sections 712.01 . . .

E. E. MARSHALL, A. v. HOLLYWOOD, INC. a, 224 So. 2d 743 (Fla. Dist. Ct. App. 1969)

. . . The Florida Marketable Title Act, Section 712.01, F.S.1967, F.S.A., was enacted in 1963 and became effective . . . 712.02 attributes to it a meaning consistent with the sense in which the same word is used in Section 712.01 . . . an inconsistency within the definition of the term “root of title” because it is defined in Section 712.01 . . . Construction Company of Ohio, Inc., to Hollywood, Inc., are roots of title within the definition of Section 712.01 . . .

WILSON v. B. KELLEY, 226 So. 2d 123 (Fla. Dist. Ct. App. 1969)

. . . . § 712.01(2) (1967), F.S.A. . . . Stat. § 712.01(3) (1967), F.S.A. . See, e. g., Wiehelman v. . . . Fla.Stat. § 712.01(2) (1967), F.S.A. . Smith v. Berberich, 1959, 168 Neb. 142, 95 N.W.2d 325. . . . .

L. ZEEMAN, S. Jr. v. UNITED STATES, 275 F. Supp. 235 (S.D.N.Y. 1967)

. . . $1,238.15 Auto loan................. 266.64 Tax assessment............ 216.59 Insurance loan (Ex. 97) .... 712.01 . . .

ATLAS POWDER CO. v. THE UNITED STATES, 69 Ct. Cl. 558 (Ct. Cl. 1930)

. . . credit against the additional tax for 1918, assessed on March 15, 1924, it is entitled to interest of $712.01 . . .

ATLAS POWDER CO. v. UNITED STATES, 40 F.2d 136 (Ct. Cl. 1930)

. . . credit against the additional tax for 1918, assessed on March 15, 1924, it is entitled to interest of $712.01 . . .