Marketable Record Title Act

56 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Odom v. The Deltona Corp.
  341 So. 2d 977· Fla.· 1976-11-30 ·cited 65×
  The Florida Supreme Court affirmed a trial court judgment holding that non-meandered lakes within Deltona Corporation's property are privately owned, not state sovereignty lands subject to environmental regulation under the Public Trust Doctrine. The court adopted a rebuttable pr
• Coastal Petroleum Co. v. Am. Cyanamid Co.
  492 So. 2d 339· Fla.· 1986-05-15 ·cited 56×
  The Florida Supreme Court resolved consolidated cases concerning whether 1883 swamp and overflowed lands deeds conveyed sovereignty lands beneath navigable rivers, and whether estoppel or the Marketable Record Title Act divested the state of such lands. The Court held that sovere
• City OF Miami v. ST. JOE Paper Co.
  364 So. 2d 439· Fla.· 1978-10-05 ·cited 51×
  The Florida Supreme Court upheld the constitutionality of the Marketable Record Title Act and clarified that a wild or interloping deed may constitute a root of title under the Act. The City of Miami's title to submerged lands was barred by the Act because St. Joe Paper Company's
• Trs. OF Tufts Coll. v. Triple R. Ranch, Inc.
  275 So. 2d 521· Fla.· 1973-03-21 ·cited 46×
  The Florida Supreme Court determined whether Section 704.05, a 1970 statute limiting mineral rights easements to 20 years, applies retroactively to interests created before its enactment. The Court held the statute applies only prospectively, thereby protecting pre-existing veste
• Holland v. J.M. Hattaway
  438 So. 2d 456· Fla. 5th DCA· 1983-09-22 ·cited 31×
  Holland sought to quiet title to Lot 2, Block B, claiming fee simple absolute ownership free of an easement claimed by Hattaway over the northerly 25 feet. The trial court found Hattaway had superior rights through curative statute, the Marketable Record Title Act (MRTA), and con
• H & F Land, Inc. v. Panama City-Bay Cnty. Airport & Indus. Dist.
  736 So. 2d 1167· Fla.· 1999-06-10 ·cited 24×
  The Florida Supreme Court held that the Marketable Record Title Act (MRTA) extinguishes common law ways of necessity that are not recorded within thirty years of the root of title. The court rejected arguments that ways of necessity should be exempt from MRTA's recording requirem
• Fla. Dep't OF Transp. v. Clipper BAY Invs., LLC
  160 So. 3d 858· Fla.· 2015-03-26 ·cited 22×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the Marketable Record Title Act's exceptions apply to rights-of-way held in fee by the Department of Transportation. The Court held that rights-of-way exceptions protect DOT's entire fee estat
• State v. Contemporary Land Sales, Inc.
  400 So. 2d 488· Fla. 5th DCA· 1981-05-20 ·cited 21×
  The Florida Department of Natural Resources appealed a summary judgment quieting Contemporary Land Sales' title to land exposed by artificial lowering of Lake Louisa's water level. The court held that the Marketable Record Title Act, as it existed before 1978, extinguished the St
• The City OF Pensacola v. Cap. Realty Holding Co., Inc.
  417 So. 2d 687· Fla. 1st DCA· 1982-03-29 ·cited 18×
  In this eminent domain dispute, the City of Pensacola appealed a trial court's determination that Capital Realty owned an accreted strip of land adjacent to navigable waters. The appellate court reversed in part, holding that Capital Realty is entitled to land accreted to its upl
• Modrall v. Sawyer
  297 So. 2d 562· Fla.· 1974-05-22 ·cited 18×
  This is a dissenting opinion in a Florida Supreme Court case concerning whether submerged tidal lands adjacent to an intracoastal waterway were sovereign lands inalienable by the state or validly conveyed to a private party. The dissent argues that the District Court erred in app
• City OF Jacksonville v. Lowell Kent Horn and Juanita Horn
  496 So. 2d 204· Fla. 1st DCA· 1986-10-15 ·cited 17×
  The City of Jacksonville appeals a trial court judgment that declared the Horns' property free and clear of any city road right-of-way claim under Florida's Marketable Record Title Act (MRTA), and awarded damages for the city's unauthorized clearing of the property. The appellate
• Whaley v. Wotring
  225 So. 2d 177· Fla. 1st DCA· 1969-07-10 ·cited 16×
  The Whaleys appealed a trial court judgment favoring Wotring in a quiet title action over 84.6 acres in Clay County, Florida. The court reversed, holding that the Whaleys' record title, supported by a 1908 deed that created a valid root of title, was superior to Wotring's later-o
• Sunshine Vistas Homeowners Ass'n v. Caruana
  623 So. 2d 490· Fla.· 1993-09-02 ·cited 14×
  The Florida Supreme Court held that the Marketable Record Title Act does not extinguish plat restrictions created before the root of title when the muniments of title specifically identify the recorded plat by name in describing the property. The decision reverses the lower court
• Coastal Petroleum Co. v. Am. Cyanamid Co.
  454 So. 2d 6· Fla. 2d DCA· 1984-07-13 ·cited 12×
  This case addresses whether the Board of Trustees of Florida's 1883 conveyances of swamp and overflowed lands in Polk County included sovereignty lands beneath navigable rivers, and whether the Trustees are estopped from claiming title to such lands. The appellate court affirmed
• Bd. OF Trs. OF the Internal Improvement Tr. Fund OF the State OF Fla. v. Paradise Fruit Co., Inc.
  414 So. 2d 10· Fla. 5th DCA· 1982-04-28 ·cited 10×
  The Marketable Record Title Act (MRTA) perfected title to sovereignty lands conveyed by a deed recorded over thirty years prior, and a subsequent amendment excepting such lands cannot be applied retroactively.
• Clipper BAY Invs., LLC v. State of Fla. Dep't OF Transp. & Santa Rosa Cnty.
  117 So. 3d 7· Fla. 1st DCA· 2013-02-05 ·cited 9×
  Clipper Bay Investments challenged a trial court's judgment in a quiet title action over seven acres in Santa Rosa County. The court had to determine whether the Marketable Record Title Act's exception for easements and rights-of-way under section 712.03(5) protects land held in
• Otto v. Sigmund, Jr.
  631 So. 2d 329· Fla. 1st DCA· 1994-02-01 ·cited 9×
  The court held that the Marketable Record Title Act and estoppel do not cure a void deed for homestead property executed without spousal joinder when the 1885 Constitution required it.
• Moore v. Smith-Snagg
  793 So. 2d 1000· Fla. 5th DCA· 2001-06-18 ·cited 8×
  The Moores appealed the trial court's denial of a post-judgment motion for relief based on newly-discovered evidence of forgery regarding a 1987 warranty deed. The appellate court reversed, holding that newly-discovered evidence of other forgeries by the defendant was relevant an
• Hicks Sumner Allen and Edna Sumner Childs v. ST. Petersburg Bank & Tr. Co.
  383 So. 2d 1171· Fla. 2d DCA· 1980-06-04 ·cited 8×
  Appellants challenged a judgment quieting title in favor of a bank, arguing the Marketable Record Title Act (MRTA) should not eliminate their interest in property. The court held that a tax deed constitutes a valid root of title under MRTA, and because appellants failed to file r
• City OF Miami v. ST. JOE Paper Co.
  347 So. 2d 622· Fla. 3d DCA· 1977-05-03 ·cited 8×
  The City of Miami appealed dismissals of its complaint seeking to quiet title to filled land on the north side of the Miami River, claiming it was granted submerged lands and riparian rights by the State of Florida in 1919. The Florida District Court of Appeal affirmed the dismis
• State v. Estech, Inc.
  515 So. 2d 758· Fla. 2d DCA· 1987-10-14 ·cited 7×
  The court held that the petitioners presented sufficient evidence of possession to be entitled to a jury trial.
• Lehmann v. Cocoanut Bayou Ass'n
  157 So. 3d 289· Fla. 2d DCA· 2014-10-29 ·cited 6×
  The Lehmanns and Cocoanut Bayou Association (CBA) disputed ownership of a small parcel of beachfront property in Sarasota County. CBA sought to quiet title based on the Marketable Record Title Act (MRTA), claiming a 1952 deed to CBA served as a root of title perfecting its owners
• Water Control Dist. OF S. Brevard v. Davidson
  638 So. 2d 521· Fla. 5th DCA· 1994-04-29 ·cited 6×
  The Water Control District of South Brevard appealed a quiet title judgment that voided its claimed 117-foot right-of-way on the west side of Canal C-37. The court reversed, holding that the District properly acquired title to the disputed property through statutory procedures un
• Kittrell v. Clark
  363 So. 2d 373· Fla. 1st DCA· 1978-09-25 ·cited 6×
  The probate of an estate, even without specific mention of property, constitutes a 'title transaction' under the Marketable Record Title Act, preserving prior interests if recorded after the root of title.
• Damiano v. Weinstein
  355 So. 2d 819· Fla. 3d DCA· 1978-02-07 ·cited 6×
  A seller appealed a judgment finding his title to real estate unmarketable due to a defect arising from a 1944 tax foreclosure proceeding. The court affirmed, holding that the title defect could not be cured because the fee owner was not named as a defendant in the original forec
• Avery L. Tyler and Florence Tyler v. Price
  821 So. 2d 1121· Fla. 4th DCA· 2002-06-19 ·cited 5×
  The Fourth District Court of Appeal reversed a trial court's judgment that extinguished an easement across real property based on the doctrine of merger of title. The court held that merger cannot occur when the ownership of the dominant and servient estates is unequal in the qua
• Sunshine Vistas Homeowners Ass'n v. Caruana
  597 So. 2d 809· Fla. 3d DCA· 1992-01-28 ·cited 5×
  A homeowners' association appealed a summary judgment dismissing its suit to enforce setback restrictions from a 1925 plat against a developer. The court affirmed, holding that the Florida Marketable Record Title Act extinguished the restrictions because the developer's chain of
• Save Calusa Tr. v. ST. Andrews Holdings, Ltd.
  193 So. 3d 910· Fla. 3d DCA· 2016-01-13 ·cited 4×
  The Third District Court of Appeal reversed a summary judgment that invalidated a restrictive covenant imposed by Miami-Dade County as a condition of approving a golf course development. The court held that government-imposed restrictive covenants arising from land use approvals
• White Sands, Inc. v. SEA Club V. Condo. Ass'n, Inc.
  581 So. 2d 589· Fla. 2d DCA· 1990-11-28 ·cited 4×
  The court held that the trial court erred in extinguishing an express easement and creating an alternative one, as the equitable principles applied were not suitable for express easements.
• Conservatory-City OF Refuge, Inc. v. Kinney
  514 So. 2d 377· Fla. 2d DCA· 1987-09-04 ·cited 4×
  The court held that the trial court erred in applying the Marketable Record Title Act and that the appellant's argument regarding void conveyances was premature. The temporary injunction was affirmed for most of the property but quashed as to the 'house area'.
• Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Stevens
  472 So. 2d 1287· Fla. 2d DCA· 1985-07-10 ·cited 4×
  The Board of Trustees of the Internal Improvement Trust Fund appealed a summary judgment that quieted title to formerly submerged lands in favor of the Stevenses under the Marketable Record Title Act (MRTA). The court affirmed, holding that the Stevenses' title to sovereignty lan
• Hope v. Eartha Hope
  410 So. 2d 212· Fla. 5th DCA· 1982-02-24 ·cited 4×
  Appellants, as co-tenants, challenged a summary judgment that applied Florida's Marketable Record Title Act (MRTA) to extinguish their interests when a co-tenant obtained a tax deed. The court affirmed, holding that MRTA's clear language applies to cut off co-tenant interests whe
• Wernle v. Bellemead Dev. Corp.
  308 So. 2d 97· Fla.· 1975-01-29 ·cited 4×
  The Florida Supreme Court upheld the constitutionality of two 1930s special acts authorizing Volusia County to cancel delinquent tax certificates in exchange for land conveyances to the Board of Forestry. The Court affirmed that a tax deed issued to Wernle was void because the un
• Eastwood Shores Prop. Owners Ass'n, Inc. v. Fla. Dep't of Econ. Opportunity
  264 So. 3d 264· Fla. 2d DCA· 2019-01-25 ·cited 3×
  A condominium association whose members own units that are residential property subject to exclusive ownership qualifies as a "homeowners' association" under MRTA section 712.01(4), even though unit owners also hold undivided interests in common elements, and is therefore entitle
• W.C. Sullivan v. J.T. Woodward
  582 So. 2d 31· Fla. 1st DCA· 1991-06-11 ·cited 3×
  The court held that the Confirmation Act validated the appellant's Georgia land grant, and a subsequent tax deed extinguished prior titles, making the appellant's title superior despite the unrecorded grant.
• Lehmann v. Cocoanut Bayou Ass'n, Inc.
  269 So. 3d 599· Fla. 2d DCA· 2019-04-05 ·cited 2×
  The Lehmanns own the disputed parcel in its entirety because title to the portion the trial court awarded to the Association passed to the Lehmanns' predecessors through prior conveyances of abutting lands, either as title subject to public easements (under the abutting-lands pri
• H & F Land, Inc. v. Panama City-Bay Cnty. Airport & Indus. Dist.
  706 So. 2d 327· Fla. 1st DCA· 1998-01-12 ·cited 2×
  H & F Land, Inc. appealed a summary judgment dismissing its claim for an easement of necessity on a land-locked estate under the Marketable Record Title Act (MRTA). The court affirmed, holding that MRTA extinguishes claims for easements of necessity that are not asserted within 3
• Harrell v. Doyle Alva Wester
  853 F.2d 828· 11th Cir.· 1988-08-29 ·cited 2×
  The court held that tax deeds obtained through constructive fraud can serve as roots of title under Florida's Marketable Record Title Act, thereby extinguishing prior claims.
• State v. Bronsons, Inc.
  469 So. 2d 214· Fla. 5th DCA· 1985-05-23 ·cited 2×
  The Florida court held that under the Marketable Record Title Act, titles with roots over 30 years old can extinguish state sovereignty claims even to submerged lands, and that original federal surveyor findings are conclusive and cannot be contradicted by modern expert affidavit
• The Bd. OF Trs. OF the Internal Improvement Tr. Fund of the State of Fla. v. Agrico Chem. Co.
  462 So. 2d 829· Fla. 2d DCA· 1984-09-14 ·cited 2×
• State of Fla. Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Laney
  399 So. 2d 408· Fla. 3d DCA· 1981-06-02 ·cited 2×
  The court held that the meander line established by the 1872 U.S. survey, not the high-water line, controls the boundary between uplands and sovereign lands in this case.
• Jockey Club III Ass'n, Inc. v. Jockey Club Maint. Ass'n, Inc.
  306 So. 3d 185· Fla. 3d DCA· 2020-06-03 ·cited 1×
  This case involves two consolidated appeals concerning property development and maintenance within a condominium community. The court addressed disputes over maintenance assessments and the extent to which a property owner could develop its land under various agreements. Ultimate
• Dorsey v. Robinson
  270 So. 3d 462· Fla. 1st DCA· 2019-04-05 ·cited 1×
  The trial court properly applied the MRTA to extinguish the fee simple interests of four appellants in the eighteen-acre parcel because they failed to satisfy the possession exception under section 712.03(3). Only six appellants who demonstrated actual occupation or visible contr
• Nourachi v. United States
  632 F. Supp. 2d 1101· M.D. Fla.· 2009-04-23 ·cited 1×
  The court held that the 1937 deed's description of the property conveyed to the United States is ambiguous, precluding summary judgment on the quiet title claim. The court also held that Florida's Marketable Record Title Act cannot divest the United States of its property rights.
• Harper v. Heather Hills Amenities, LLC
  M.D. Fla.· 2023-03-03
  The district court properly has jurisdiction over the appeal and denies the motion for rehearing because the bankruptcy court had subject-matter jurisdiction to enforce its own post-confirmation orders.
• THE Jockey Club Condo. Apts., Inc. v. Apeiron Miami, LLC
  Fla. 3d DCA· 2020-06-03
  This case consolidates two appeals concerning the maintenance and development of condominium community property. The court affirmed the trial court's decisions regarding maintenance assessments and the interpretation of development agreements, finding no abuse of discretion or re
• Pettis v. Leshaun Merritt Chrisentery
  229 So. 3d 870· Fla. 1st DCA· 2017-10-24
  George Pettis appeals a trial court's dismissal of his claim to reform deeds in a property dispute involving 60 acres in Jackson County, Florida. The First District Court of Appeal reversed, holding that Pettis's reformation claim is not barred by Florida's 20-year statute of lim
• Barney v. Silver Lakes Acres Prop.
  159 So. 3d 181· Fla. 5th DCA· 2015-02-06
  Property owners in Silver Lakes Acres sought declaratory relief arguing that the Marketable Record Title Act (MRTA) extinguished restrictive covenants and homeowners' association assessment obligations. The Florida Fifth District Court of Appeal affirmed the trial court's judgmen
• Guttman v. Vanneck
  15 So. 3d 813· Fla. 4th DCA· 2009-07-22
  The court affirmed that setback requirements on the appellants' property are enforceable negative easements not extinguished by the Marketable Record Title Act, but struck as obiter dicta any findings affecting other properties with a common root of title.
• Wheeling Dollar Bank v. City OF Delray Beach
  639 So. 2d 113· Fla. 4th DCA· 1994-06-22
  The court held that a cotenant's open and notorious possession of property for the statutory period, even without actual notice to other cotenants, can establish adverse possession, especially when the other cotenants were unaware of their interest.