Florida/Georgia Personal Injury & Workers Compensation

...ourt's statutory construction analysis"). We begin with a review of the applicable statutes. MRTA MRTA was enacted in 1963 to simplify and facilitate land transactions, and specifically provides that its provisions are to be construed liberally. See § 712.10, Fla....

...purpose, the assertion that its construction and application must be bound by precedents relating to less comprehensive acts does not make good sense and cannot make good law. The clear Legislative *120 intention behind the Act, as expressed in F.S. § 712.10, F.S.A., was to simplify and facilitate land title transactions by allowing persons to rely on a record title as described by F.S....

...atter of the act and the purpose of the act. Realty Bond & Share Co. v. Englar, 1932, 104 Fla. 329, 143 So. 152. The purpose of the act is to simplify and facilitate land transactions by allowing persons interested therein to rely on a record title. Section 712.10, F.S....

...in 712.03(4) and would have been extinguished by the effect of MRTA on appellants' title. Considering that the legislative purpose of MRTA is to simplify and facilitate land title *468 transactions and to permit persons to rely on the record title (section 712.10), it is difficult to believe the legislature intended MRTA to apply to two active competing titles and to cause one of two titles to gain superiority over the other depending solely on the random chance as to which title contains the l...

...The purpose of MRTA is to simplify and facilitate land title transactions by allowing persons to rely on a record title described in section 712.02, subject only to the exceptions in section 712.03, and shall be liberally construed to effectuate its purpose. Section 712.10....

...[5] "This law shall 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 § 712.02 subject only to such limitations as appear in § 712.03." Fla. Stat. § 712.10 (1967), F.S.A....

...The Legislature clearly expressed that MRTA should be liberally construed and applied "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....

...complete exposition of all the appeal facets, we next deal with the Marketable Record Title Act. The purpose of the Marketable Record Title Act was to simplify and facilitate land transactions by letting interested parties rely on the record title, Section 712.10, F.S....

...rally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely" on a record title, the statute should be interpreted so as to require an explicit reservation on the state's part. Section 712.10, F.S....

...s provided in MRTA? BACKGROUND OF MRTA AND SECTION 704.01 In landmark legislation fundamentally revamping Florida property law, the Florida Legislature adopted MRTA in 1963 for the purpose of simplifying and facilitating land title transactions. See § 712.10, Fla....

...iod in which to record a claim. CONCLUSION Our decision today is predicated upon the strong public policy concerns underlying the enactment of MRTA. The Legislature clearly stated the purpose of MRTA and the exclusivity of its exceptions by adopting section 712.10....

...It provides: "This law shall 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 § 712.02 subject only to such limitations as appear in § 712.03." § 712.10, Fla....

...MRTA was enacted to simplify and facilitate land title transactions "by allowing persons to rely on a record title as described in s. 712.02 [Florida Statutes (1993)] subject only to such limitations as appear in s. 712.03 [Florida Statutes (1993)]." MRTA must "be liberally construed to effect [this] legislative purpose." § 712.10, Fla....

...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....

...The Marketable Record Titles to Real Property Act (act) is intended to simplify and facilitate land title transactions "by allowing persons to rely on a record title ... subject only to such limitations as appear in [section] 712.03[, Florida Statutes (1989)]." § 712.10, Fla....

...Sunshine Vistas' plat. We disagree. The express purpose of the Act is to simplify and facilitate "land title transactions by allowing persons to rely on record title as described in s. 712.02 subject only to such limitations as appear in s. 712.03." Section 712.10, Fla....

...2d DCA 2003) ("Orders granting or denying motions for summary judgment are reviewed de novo."). Background of the MRTA The Florida Legislature enacted the MRTA in 1963 to simplify and facilitate land transactions. See Blanton v. City of Pinellas Park, 887 So.2d 1224, 1227 (Fla. 2004). To effectuate this legislative purpose, section 712.10 requires the MRTA "be liberally construed ....

...Further, MRTA states that its provisions should be liberally construed: This law shall 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....

...s. In the instant case, it is undisputed that FDOT claimed fee title and utilized a portion of the original land conveyance for right-of-way purposes. Horn , however, does confront the problem facing this court, which is to reconcile the language in section 712.10 mandating the liberal construction of MRTA with the section 712.03(5) exception, along with the public policy “that rights or easements once acquired for the use and benefit of the public are not easily lost or surrendered.” 496 So.2d at 208 ....

previously noted and commented on the declaration in section 712.10 that the act is to be “liberally construed

...urpose, the assertion that its construction and application must be bound by precedents relating to less comprehensive acts does not make good sense and cannot make good law. The clear Leg *120 islative intention behind the Act, as expressed in F.S. § 712.10, F.S.A., was to simplify and facilitate land title transactions by allowing persons to rely on a record title as described by F.S....

...City of Pinellas Park, 887 So.2d 1224, 1230 (Fla.2004). Marketable Record Title Act The “MRTA was enacted in 1963 to simplify and facilitate land transactions *863 and specifically provides that its provisions are to be construed liberally.” Id. at 1227 (citing § 712.10, Fla....

...easements once acquired for the use and benefit of the public are not easily surrendered" and thus MRTA should "be broadly construed . . . as intended to protect public rights." Horn, 486 So. 2d at 208. But that purported legislative intent is not contained within MRTA. Instead, section 712.10 provides that MRTA "shall 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 [section] 712.02 subject only t...

...or charges . . . are declared to be null and void.” § 712.04, Fla. Stat. (2016). The legislative intent is for the MRTA to “be liberally construed” to effectuate its “purpose of simplifying and facilitating land title transactions.” § 712.10, Fla....

...estate has passed to that person.” ITT Rayonier, Inc. v. Wadsworth, 346 So. 2d 1004, 1008-09 (Fla. 1977). Second, subject to enumerated exceptions, “it extinguishes all interests in the estate which predate the root of title.’” Id.; see also § 712.10, Fla....