Under Florida's Marketable Record Title Act, all of the following interests may be extinguished if not properly preserved EXCEPT:
Correct Answer
D) Rights of persons in possession of the property
Correct: D - Rights of persons in possession of the property. Rights of persons in actual possession are specifically excepted from extinguishment under Florida's Marketable Record Title Act. Why not A: This option is incorrect because "Restrictive covenants over 30 years old without re-recording" does not match the rule tested by the question. The correct answer is "Rights of persons in possession of the property". Rights of persons in actual possession are specifically excepted from extinguishment under Florida's Marketable Record Title Act. Why not B: This option is incorrect because "Easements not used or referenced for 30 years" does not match the rule tested by the question. The correct answer is "Rights of persons in possession of the property". Rights of persons in actual possession are specifically excepted from extinguishment under Florida's Marketable Record Title Act. Why not C: This option is incorrect because "Mineral rights reserved in deeds over 30 years old" does not match the rule tested by the question. The correct answer is "Rights of persons in possession of the property". Rights of persons in actual possession are specifically excepted from extinguishment under Florida's Marketable Record Title Act.
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More Titles Deeds Recording Questions
In a Tampa transaction, a buyer wants the Florida rule on chain of title. Which statement is correct?
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- → All of the following are essential elements of a valid deed in Florida EXCEPT:
- → John and Mary own property in Jacksonville as tenants by the entirety. John wants to secretly transfer his interest to his business partner without Mary's knowledge or consent. He executes a quitclaim deed to his partner. What is the effect of this deed?
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Previous Question
A title company discovers that a deed in the chain of title was recorded in the wrong county 15 years ago due to a clerical error. The property is actually located in Hillsborough County, but the deed was recorded in Pinellas County. What is the most likely outcome regarding the validity of subsequent conveyances?
Next Question
Tom sells his property to Lisa, who fails to record her deed. Lisa then sells to Mark, who records his deed immediately. Six months later, Tom fraudulently sells the same original property to Nancy, who has no knowledge of the previous sales and records her deed. Under Florida law, who has the best claim to the property?