Florida’s Marketable Record Title Act (“MRTA”), codified in Chapter 712 of the Florida Statutes Chapter 712, is a law designed to simplify and clarify real property ownership by extinguishing certain old claims, interests, and restrictions affecting title to real estate.
Enacted to promote certainty in land ownership and reduce the need for extensive historical title searches, MRTA can significantly impact property owners, homeowners’ associations, lenders, developers, and parties claiming interests in real property.
What Is MRTA?
Under Florida law, a person who holds an unbroken chain of title to real property for at least 30 years may obtain what is known as “marketable record title.” In many cases, this means that older claims, covenants, restrictions, easements, and interests arising before the property’s “root of title” may be automatically extinguished unless properly preserved.
The statute is intended to eliminate stale or outdated property interests that can cloud title and complicate real estate transactions.
What Is a “Root of Title”?
The “root of title” is generally the most recent recorded instrument in the property’s chain of title that is at least 30 years old. Once established, interests predating that root of title may be extinguished unless an exception applies.
For example, if a deed recorded in 1990 constitutes the root of title, certain claims or restrictions recorded prior to 1990 may no longer be enforceable under MRTA.
Interests Commonly Affected by MRTA
MRTA may extinguish a variety of older property interests, including:
- Restrictive covenants
- Easements
- Reverter interests
- Rights of entry
- Old mortgages
- Certain homeowners’ association restrictions
- Mineral and development rights
Because MRTA operates automatically in many circumstances, property owners and associations may unknowingly lose important property rights if preservation steps are not timely taken.
Exceptions to MRTA
Not all property interests are extinguished under MRTA. The statute contains several important exceptions, including:
- Governmental interests and taxes
- Certain recorded easements
- Rights preserved by proper statutory notice
- Interests arising from possession by the property owner
- Environmental and utility-related rights in some circumstances
Courts frequently analyze whether a claimed interest falls within one of MRTA’s statutory exceptions.
Preservation of Property Rights
Parties seeking to preserve covenants, restrictions, or other property interests may file statutory notices designed to protect those rights from extinguishment under MRTA.
Homeowners’ and condominium associations, in particular, must carefully monitor MRTA deadlines to ensure that governing covenants and restrictions remain enforceable. Failure to preserve these rights can create substantial legal and operational issues within a community.
Legal Guidance for MRTA and Title Disputes
The application of Florida’s Marketable Record Title Act can involve complex title analysis, statutory interpretation, and litigation. Whether you are seeking to preserve property rights, challenge an extinguished interest, or resolve a title dispute, experienced legal counsel is essential.
Our firm represents property owners, homeowners’ associations, developers, and title holders in matters involving MRTA compliance, title curative work, quiet title actions, easement disputes, covenant preservation, and real estate litigation throughout Florida.