CopyCited 36 times | Published | Supreme Court of Florida
...cannot be established or is uncertain at the time of filing such notice of claim for record. (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....
...365, the Supreme Court of the United States said, "This Court often decided that statutes of limitations affecting existing rights are not unconstitutional, if a reasonable time is given for the commencement of an action before the bar takes effect." The problem was avoided in Florida's Marketable Title Act which, in F.S. Section 712.09, F.S.A., afforded "two full years for all persons having interests in real property to become acquainted with the purpose and operation of the Act and take any steps which may be needed to protect their interests." Basye, supra, at Section 187....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...nce to book and page of record * * * to a recorded title transaction which imposed * * * [such] interests * * *." Applying this Act to the facts, we find that the patentee's heirs are precluded from asserting any interest in the subject lands. Under Section 712.09 the patentee's heirs had until July 1, 1965, to file notice which would have protected their claim for an additional thirty years....
