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Florida Real Estate Transactions
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-14 Florida Real Estate Transactions 14.syn


Marketable Title, Marketable Record Title, and Uniform Title Standards


Ralph E. Boyer and William H. Ryan

Chapter Summary


This chapter covers the common law and statutory rules that are used to determine the condition of title conveyed in real estate transactions. It discusses the concept of marketable title, title defects, and how the obligation to convey marketable title can be altered by contract.

The chapter also devotes attention to the Marketable Record Title Act, which was adopted in 1963, and was designed to reduce the period of title search, to limit the period of title examination, and to clear titles from ancient and outmoded encumbrances or interests. Further, it includes the key concepts of marketable record title and root of title and covers the types of property interests that are exempt from, as well as the interests that are extinguished by, the Act's operation.

Additionally, the chapter introduces the Florida Uniform Title Standards, which are interpretations of existing law and practice and have been approved by the Real Property, Probate, and Trust Law Section of the Florida Bar and have the purpose of facilitating conveyances by eliminating needless objections to marketability of title. The chapter describes the use of the Florida Uniform Title Standards as voluntary and generally representing agreement made in advance by members of the Bar on the manner of treating a particular title problem when and if it arises.

The chapter also consists of an outline of the procedure required for filing a notice of claim to preserve and protect an interest in real property that would otherwise be extinguished by operation of the Marketable Record Title Act and includes a form to be used in drafting and recording such a notice of claim.

Florida Real Estate Transactions (Matthew Bender) delivers authoritative and comprehensive coverage of the issues essential to a real estate practice, including: sales contracts, deeds, priorities and recording, special titles, state and federal taxation, mortgages, liens, landlord and tenant, zoning, cooperatives, condominiums, and land use and environmental regulation. Florida Real Estate Transactions also provides in-depth textual analysis, annotated to Florida cases, statutes and regulations; complete forms; and examples of contracts, agreements and other instruments.


real property,real estate,conveyance,conveyed,deed, title,marketable title,marketable record title,title defects,uniform title standards,statutory rules


For coverage of other topics relevant to deeds, see Chapter 7, Types of Deeds for General Use and Rules of Construction, Chapter 8, Formalities and Proof of Execution, Chapter 10, Parties to the Deed, Chapter 12, Estates Created. For complete discussion of related issues such as adverse possession and actions related to adverse property interests, see Chapter 130, Quieting Title and Related Adverse Actions. See Appendix 14-1 for the complete text to the Florida Uniform Title Standards.


See LexisNexis Practice Guide: Florida Contract Litigation (Matthew Bender) for guidance on the process of litigating cases involving contract claims--including the potential causes of actions, remedies, and defenses for a contract claim--along with relevant forms.

See Florida Civil Procedure (Matthew Bender) for comprehensive yet practical analysis of the entire spectrum of civil procedure in Florida.

See Florida Estates Practice Guide (Matthew Bender) for coverage of all aspects of estate practice in Florida, including will drafting, probate, will contests, trusts, estate administration, estate taxes, and accountings.

See Modern Estate Planning (Matthew Bender) for comprehensive analysis of all key estate planning topics, including issues that may arise after 2009 (pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001).
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