Legal Question in Real Estate Law in Florida

Notice of claim section 704.05 and section 712 Florida statues. What does this mean

Asked on 6/09/13, 12:32 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary
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704.05 involves easements and rights of entry

704.05 Easements and rights of entry.

(1) The rights and interests in land which are subject to being extinguished by marketable record title pursuant to the provisions of s. 712.04 shall include rights of entry or of an easement, given or reserved in any conveyance or devise of realty, when given or reserved for the purpose of mining, drilling, exploring, or developing for oil, gas, minerals, or fissionable materials, unless those rights of entry or easement are excepted or not affected by the provisions of s. 712.03 or s. 712.04. However, the provisions of this section shall not apply to interests reserved or otherwise held by the state or by any of its agencies, boards, or departments.

(2) Any person claiming such a right of entry or easement may preserve and protect the same from extinguishment by the operation of this act by filing a notice in the form and in accordance with the procedures set forth in ss. 712.05 and 712.06.

(3) This section is intended, and shall be deemed, to operate both prospectively and retrospectively.

(4) The provisions of this section shall not revive any right or interest that was extinguished by the operation of chapter 712 prior to June 6, 1975.

Chapter 712 deals with marketable record titles

MARKETABLE RECORD TITLES TO REAL PROPERTY

712.01

Definitions.

712.02

Marketable record title; suspension of applicability.

712.03

Exceptions to marketability.

712.04

Interests extinguished by marketable record title.

712.05

Effect of filing notice.

712.06

Contents of notice; recording and indexing.

712.07

Limitations of actions and recording acts.

712.08

Filing false claim.

712.09

Extension of 30-year period.

712.095

Notice required by July 1, 1983.

712.10

Law to be liberally construed.

712.11

Covenant revitalization.

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6/09/13, 12:38 pm
Steven Meyer Law Offices of Steven Meyer
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These sections deal with the Mortgage Record Title Act. This Act governs rights in land that expire after 30 years if they are not renewed. For example, if you belong to a homeowners' association, and the covenenants of that association are not renewed before 30 years pass, then homeowners can opt out of the association. Also, if you have an easement (a right of way) across someone else's property, that may expire after 30 years unless it's renewed.

If you've received this notice from someone, then you have to take some action in order to preserve a property right that you have.

We offer a free consultation, and would be happy to discuss the situation with you.

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6/09/13, 1:44 pm

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