Florida Marketable Record Title Act Quiz

Marketable Record Title Act in Florida

Overview

The Marketable Record Title Act (MRTA) in Florida aims to establish clear title to real property by extinguishing claims that conflict with a record chain of title that is at least thirty years old (Section 712.02). Additionally, MRTA operates alongside recording acts and statutes of limitation, combining features of each to declare marketable titles based on specific requirements.

Exemptions

Florida's MRTA includes several exemptions that allow certain interests to persist despite the age requirement. Key exemptions include:

1. Claimed as owner: Any person, including someone holding possession, who claims ownership through a thirty-year-old or older document or interest in the land is excluded from MRTA's nullification.
2. Claims rooted in the chain of title: Interests inherent in the muniments (legal documents) of the chain of title, such as easements, remain valid.
3. U.S. and State rights: Claims reserved in favor of the United States or the State of Florida under another statute are also preserved.

Cloud on Title

A cloud on title refers to disputes or potential disputes concerning the ownership of real estate. MRTA operates to eliminate clouds on title related to adverse claims prior to the age requirement, effectively clearing the path to transferring ownership without interference. However, while MRTA declares that such older conflicts should cease to exist, it allows for exceptions such as those mentioned above.

In summary, the Marketable Record Title Act in Florida seeks to simplify the conveyance of real property by eliminating potential conflicts based on a thirty-year requirement. The act takes into account various exemptions and allows for the preservation of specific interests that align with existing laws.