eLaws of Florida

  SECTION 712.05. Effect of filing notice.  


Latest version.
  • 1(1) 2A person claiming an interest in land or other right subject to extinguishment under this chapter may preserve and protect such interest or right from extinguishment by the operation of this chapter by filing for record, at any time during the 30-year period immediately following the effective date of the root of title, a written notice in accordance with s. 62712.0663.
    64(2) 65A property owners’ association may preserve and protect a community covenant or restriction from extinguishment by the operation of this chapter by filing for record, at any time during the 30-year period immediately following the effective date of the root of title:
    107(a) 108A written notice in accordance with s. 115712.06; 116or
    117(b) 118A summary notice in substantial form and content as required under s. 130720.3032(2); 131or an amendment to a community covenant or restriction that is indexed under the legal name of the property owners’ association and references the recording information of the covenant or restriction to be preserved. Failure of a summary notice or amendment to be indexed to the current owners of the affected property does not affect the validity of the notice or vitiate the effect of the filing of such notice.
    201(3) 202A notice under subsection (1) or subsection (2) preserves an interest in land or other right subject to extinguishment under this chapter, or a covenant or restriction or portion of such covenant or restriction, for not less than 30 years after filing the notice unless the notice is filed again as required in this chapter. A person’s disability or lack of knowledge of any kind may not delay the commencement of or suspend the running of the 30-year period. Such notice may be filed for record by the claimant or by any other person acting on behalf of a claimant who is:
    304(a) 305Under a disability;
    308(b) 309Unable to assert a claim on his or her behalf; or
    320(c) 321One of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record.

    345The property owners’ association or clerk of the circuit court is not required to provide additional notice pursuant to s. 365712.06(3) 366for a notice filed under subsection (2). The preceding sentence is intended to clarify existing law.

    382(4) 383It is not necessary for the owner of the marketable record title, as described in s. 399712.02, 400to file a notice to protect his or her marketable record title.
History.-s. 5, ch. 63-133; s. 798, ch. 97-102; s. 3, ch. 97-202; s. 1, ch. 2003-79; s. 7, ch. 2014-133; s. 3, ch. 2018-55.

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