Florida/Georgia Personal Injury & Workers Compensation

...rs] in the past." William B. Stoebuck & Dale A. Whitman, The Law of Property 900 (3d ed.2000). An interest in land that is not exempted from MRTA's provisions under section 712.03 can be preserved by recording that interest as prescribed by sections 712.05 and 712.06, Florida Statutes (2003), within the "30-year period immediately following the effective date of the root of title." § 712.05(1), Fla....

...h nothing appearing of record, in either case, purporting to divest such claimant of the estate claimed." (emphasis supplied) Section 712, Florida Statutes, includes savings provisions whereby affected persons may protect their interests, and says: "712.05 Effect of filing notice....

...(2) It shall not be necessary for the owner of the marketable record title, as herein defined, to file a notice to protect his marketable record title." and Section 712.09 states: "Extension of thirty year period. — If the thirty year period for filing notice under § 712.05 shall have expired prior to July 1, 1965, such period shall be extended to July 1, 1965." In Biltmore Village v....

...This section of the statute requires that owners of land pay their taxes and by doing so, would stop any party from pirating their land. Moreover, an interest in land can be preserved by any *449 party by filing a notice within the 30-year period subsequent to the root of title in accordance with Section 712.05, Florida Statutes....

...before the Florida Supreme Court in Wright v. Blocker and Reed v. Fain, supra. Section 95.23 has no express exceptions. The Marketable Title Act does. The specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates a legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 and 712.04....

...We, therefore, conclude that the allegations in the second amended complaint affirmatively indicate a marketable record title in the defendants as the same is defined by the act. And this marketable record title bars the plaintiff's claim unless the claim is exempt from marketability under either Section 712.03 or Section 712.05....

...empt from the effect of the marketable record title by any other provision of Section 712.03. Also there is no factual allegation which would demonstrate that the claim of the plaintiff to the title was preserved by a notice filed in accordance with Section 712.05....

...f title on which the claimed estate is based beginning with the root of title (title transaction recorded thirty years purporting to create or transfer the estate claimed); (2) estates or charges preserved by filing proper notices in accordance with Section 712.05 and .06; (3) rights of persons in possession; (4) claims based on record transactions subsequent to effective date of root of title; (5) recorded or unrecorded easements and similar interests `so long as same are used'; and (6) rights of persons in whose name the land is assessed for certain periods....

...permit MRTA to destroy the same rights if they are dependent on title transactions occurring prior to the last title transaction recorded over 30 years, that is, prior to the root of title. In considering the overall intent of MRTA we note sections 712.05 and 712.06 which provide a method of filing, during the operative 30 year period, a recorded notice of a claim of interest in land which prevents the noticed and claimed interest from being extinguished by the act....

...tates, interests, claims or charges than the grantor possessed. Both of such conveyances serve equally well to give notice of an actively asserted interest in the land in question and *469 both serve the same purpose as a recorded notice filed under section 712.05 and of assessment on the county tax rolls under 712.03(6)....

...on all bona fide owners of the true title to estates in land in Florida who are not in actual possession and whose name is not on the county tax rolls because of multiple ownership or other legitimate reason, the burden [17] of filing a notice under section 712.05 every 30 years or to risk loss as against competing recorded but entirely unknown and spurious claims, a result that should not, and need not, be made necessary by MRTA....

...ing under the homestead statute (now F.S.A. § 731.27). See Marshall v. Hollywood, Inc., Fla.App. 1969, 224 So.2d 743, 750, where the Court said: "`... The specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates a legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 and 712.04.' "To adopt the defendants' contention would be to subvert the major legislativ...

...District Court of Appeal of Florida, in Marshall v. Hollywood, Inc., 224 So.2d 743 (affirmed by the Florida Supreme Court in 236 So.2d 114) said: "... The specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates a legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 and 712.04....

...aint, the act may be applied to validate a record title even though it may be based on a void deed... ." (Emphasis supplied.) Judge Reed, as concurred in by two other members of his Court, construed that the legislative intent of Chapters 712.03 and 712.05 was, by the specific provisions of said subsections to exclude no other claims from extinction by the operation of said Sections 712.03 and 712.04....

...aw way of necessity. FILING OF NOTICE As for the second exception, the statute preserves estates, interests, claims or charges filed with a proper notice in accordance with the provisions of MRTA. See § 712.03(2), Fla. Stat. (1995). In this regard, section 712.05 of MRTA specifically provides: Any person claiming an interest in land may preserve and protect the same from extinguishment by the operation of this act by filing for record, during the 30-year period immediately following the effecti...

...t of title, a notice, in writing, in accordance with the provisions hereof, which notice shall have the effect of so preserving such claim of right for a period of not longer than 30 years after filing the same unless again filed as required herein. § 712.05, Fla....

...5th DCA 1986), the court explained: It is the intent of sections 712.02(1) and 712.03(1), that easements and use restrictions and other estates, interests, and claims created prior to the root of *1175 title be extinguished by section 712.03(1), Florida Statutes, unless those matters are filed under section 712.05(1) or unless, as provided in section 712.03(1), after the date of the root of title, some muniment of title refers specifically......

...s purpose." Wilson v. Kelley, 226 So.2d 123, 127 (Fla. 2d DCA 1969). We conclude that this exception does apply, but H & F has not demonstrated compliance with its conditions. H & F contends it could not and should not have had to file a claim under section 712.05 or otherwise as to the common law way of necessity because such right was already created in a prior transaction. Again, we disagree. We conclude that section 712.05 clearly mandates and H & F's predecessors had the opportunity to record their claim to an easement, i.e., to a common law way of necessity across the Airport District's property....

...ed from West to McKool in 1928; and a warranty deed from Lawrence to McKool in 1927. Since the last "root of title" no instrument contradicting plaintiffs' claim has been placed of record for more than thirty years and no notice of claim pursuant to section 712.05, Florida Statutes (1975), has been filed by the defendants which would protect their rights under the Marketable Record Title Act....

...The Marketable Record Title Act is intended to help with this problem. Thirty years is a reasonable time and, in addition, the statute provides a method for preserving and protecting claims, rights, and interests adverse to the one record title made marketable by the act. See § 712.05(1), Fla....

...It is the intent of sections 712.02(1) and 712.03(1), that easements and use restrictions *653 and other estates, interests, and claims created prior to the root of title be extinguished by section 712.03(1), Florida Statutes, unless those matters are filed under section 712.05(1) or unless, as provided in section 712.03(1), after the date of the root of title, some muniment of title refers specifically (which specific reference must be by book and page of record or by name of a recorded plat [if the easement...

...is is FDOT's root of title, which the parties call an ownership interest, a right-of-way in fee, or a determinable fee interest. [3] This is Dardashti's root of title. [4] Also, the County never recorded notice of its claim to the eleven foot strip. § 712.05, Fla....

...is at least that old. The act was passed in 1963 and provided the City with ten and one-half years within which it could assert its claim. In view of the length of time provided and the easy way in which the City could have protected its claim, see Section 712.05, Florida Statutes (1975), we find no reason to hold that the act was unconstitutionally applied to the city....

...The certainty of title necessary under MRTA requires that appellee's title be cured to the exclusion of appellants' interest. [2] Section 712.04, Florida Statutes (1979). Appellants could have maintained their interest by filing notice prescribed by Section 712.05, Florida Statutes (1979), within the thirty year period....

...ing under the homestead statute (now F.S.A. § 731.27). See Marshall v. Hollywood, Inc., Fla.App.1969, 224 So.2d 743, 750, where the Court said: ". . . The specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates a legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 and 712.04." To adopt the defendants' contention would be to subvert the major legislative...

...Gordon, 164 So.2d 549 (Fla.3d DCA 1964). In Allen, the court held that a co-tenant's interest survives the issuance of a tax deed to a co-tenant. However, the Allen court also held that MRTA could extinguish such an interest if timely notice was not filed pursuant to section 712.05 [2] ....

...tclaimed her interest to Parker. Thus, Parker's quitclaim deed properly serves as the root of title for the interest asserted by appellees, Mr. and Mrs. Fernando. [3] Since there is no evidence in the record that appellants filed timely notice under section 712.05, or that any other exceptions to the ripening of a root of title under MRTA are applicable, the quitclaim deed to Parker extinguished appellants' interest in the land....

...m whom, by one or more title transactions, such estate has passed to the person claiming such estate, with nothing appearing of record, in either case, purporting to divest such claimant of the estate claimed. § 712.02, Fla. Stat. (1981). [2] Under section 712.05, Florida Statutes (1981), a person claiming an interest in land may preserve it from extinguishment by filing for record a written notice during the thirty year period immediately following the effective date of the root of title....

...Section 712.03 of the Act contains several exceptions to this provision, including "estates, interests, claims, or charges, or any covenant or restriction, preserved by the filing of a proper notice in accordance with the provisions hereof." Fla. Stat. § 712.03(2). Section 712.05 provides that a claim to interest in land can avoid extinguishment under the Act by filing a notice, in writing, preserving its claim, within the 30 year period running from the date the person first came into possession of the interest....

...inapplicable to the Lydays' lot. Instead, the Association relies on section 712.03(2), which exempts "[e]states, interests, claims, or charges, or any covenant or restriction, preserved by the filing of a proper notice in accordance with the provisions hereof." Section 712.05(1) sets forth the method for preserving a claim pursuant to section 712.03(2): A person claiming an interest in land or a homeowners' association desiring to preserve a covenant or restriction...

...The restrictions for Unit II were first recorded April 14, 1971, and on October 1, 1971, the developer filed a warranty deed subject to the deed restrictions transferring title to a parcel in Unit II. Thus, the Association had until 2001 to file its preservation notice pursuant to section 712.05(1)....

...re extinguished by MTRA. To come within the exception set forth in section 712.03(2), a party must file a "proper notice in accordance with the provisions hereof." A notice that is not filed within the thirty-year period is not in accordance with section 712.05(1)....

...The statute’s plain and ordinary meaning must control unless this leads to an unreasonable result or a result clearly contrary to legislative intent. Id. The Florida Legislature enacted MRTA to simplify and facilitate land transactions. See Blanton v. City of Pinellas Park, 887 So.2d 1224, 1227 (Fla. 2004). Section 712.05(1), Florida Statutes (2015), provides, in part: “[A] homeowners’ association desiring to preserve any covenant or restriction may preserve and protect the same from extinguishment by the operation of this act by filing for record,...

...Under the Marketable Record Titles Act ("MRTA”), any person with an interest in land may preserve that interest by filing a notice with the clerk of the circuit court. The notice must be filed during the thirty-year period following the effective date of the root of title. § 712.05, Fla....

...1 Under the Marketable Record Titles Act (“MRTA”), any person with an interest in land may preserve that interest by filing a notice with the clerk of the circuit court. The notice must be filed during the thirty-year period following the effective date of the root of title. § 712.05, Fla....

...sonable result or a result clearly contrary to legislative intent. Id. The Florida Legislature enacted MRTA to simplify and facilitate land transactions. See Blanton v. City of Pinellas Park, 887 So. 2d 1224, 1227 (Fla. 2004). Section 712.05(1), Florida Statutes (2015), provides, in part: “[A] homeowners’ association 5 desiring to preserve any covenant or restriction may preserve and protect the same from extinguis...

if timely notice was not filed pursuant to section 712.-05. 383 So.2d at 1171-72. The appellants’ attempts

...ssion that occurred prior to the effective date of the root of title.” Fla.Stat. § 712.04. The MRTA will not extinguish claims to property if the claimant files notice of a claim before the expiration of the thirty year limitation period, see id. § 712.05, or if the claimant falls within one of the statutory exceptions....

...Id. at 1171-72 . The court stated: The certainty of title necessary under MRTA requires that appellee’s title be cured to the exclusion of appellants’ interest. Appellants could have maintained their interest by filing the notice prescribed by Section 712.05 ......

...Id. (footnote omitted). Section 712.03(2), Florida Statutes (2010), furnishes an exception from MRTA for, among other things, “any covenant or restriction ... preserved by the filing of a proper notice in accordance with the provisions hereof.” Section 712.05(1), Florida Statutes (2010), states, in part: “[A] homeowners’ association desiring to preserve any covenant or restriction may preserve and protect the same from extinguishment by the operation of this act by filing for record, du...

...e effective date of the root of title,[ 2 ] a notice, in writing....” Victoria McCullough, a landowner in Southfields, filed a complaint with the circuit court, claiming that the association’s board was refusing to file the notice required under 712.05 in order to preserve the declaration....