Florida Statutes Annotated
Title VI. Civil Practice and Procedure (Chapters 45-89)
Chapter 65. Quieting Title
FS Ch. 65.021. Real estate; removing clouds
Chancery courts have jurisdiction of actions brought by any person or corporation, whether in actual possession or not, claiming legal or equitable title to land against any person or corporation not in actual possession, who has, appears to have or claims an adverse legal or equitable estate, interest, or claim therein to determine such estate, interest, or claim and quiet or remove clouds from the title to the land. It is no bar to relief that the title has not been litigated at law or that there is only one litigant to each side of the controversy or that the adverse claim, estate, or interest is void upon its face, or though not void on its face, requires extrinsic evidence to establish its validity.
CREDIT(S)
Laws 1899, c. 4739, § 1; Gen.St.1906, § 1950; Rev.Gen.St.1920, § 3213; Laws 1925, c. 10223, § 1; Comp.Gen.Laws 1927, § 5005; Laws 1955, c. 29737, § 2; Fla.St.1965, § 66.11; Laws 1967, c. 67-254, § 20.
CROSS REFERENCES
Circuit court jurisdiction, title to real property, see Const. Art. 5, § 20; § 26.012.
General rules of pleading, see Civil Procedure Rule 1.110.
Injunction to prevent sale of property exempt from forced sale, see § 222.09.
Injunctive relief, see § 60.01; Civil Procedure Rule 1.610.
Marketable record title law, see § 712.01 et seq.
Mineral rights and easements, extinguishment and preservation, see § 704.05.
Railroad land grants, title of purchasers confirmed, see § 270.02.
LAW REVIEW AND JOURNAL COMMENTARIES
Quieting title to real property. 1 U.Fla.L.Rev. 395 (1948).
NOTES OF DECISIONS
Admissibility of evidence 43
Adverse possession, title 17
Allegations of possession, complaint 35
Allegations of title, complaint 36
Amendment, complaint 37
Answer 40
Building restrictions, remedy 12
Cancellation of land contracts, remedy 13
Cloud on title 4-8
Cloud on title - In general 4
Cloud on title - Contract for sale 5
Cloud on title - Judgments 8
Cloud on title - Mortgages 7
Cloud on title - Tax deed 6
Cloud set out in detail, complaint 38
Common source, title 18
Complaint 34-39
Complaint - In general 34
Complaint - Allegations of possession 35
Complaint - Allegations of title 36
Complaint - Amendment 37
Complaint - Cloud set out in detail 38
Complaint - Tax deed 39
Conditions precedent 15
Construction and application 2
Contract for sale, cloud on title 5
Counterclaim 41
Defendant in possession 22
Defenses 29, 30
Defenses - In general 29
Defenses - Laches 30
Equitable title, possession 23
Evidence 42-44
Evidence - In general 42
Evidence - Admissibility of evidence 43
Evidence - Sufficiency of evidence 44
Injunctive relief, relief awarded 46
Judgments, cloud on title 8
Jurisdiction 9
Laches, defenses 30
Legal title, possession 24
Mortgages, cloud on title 7
Mortgages, title 19
Nature of remedy 3
Necessary parties 32
Parties 31-33
Parties - In general 31
Parties - Necessary parties 32
Parties - Proper parties 33
Personal property, remedy 14
Possession 21-27
Possession - In general 21
Possession - Defendant in possession 22
Possession - Equitable title 23
Possession - Legal title 24
Possession - Tax deed 25
Possession - Wild and unoccupied land 26
Possession - Wrongful possession 27
Proper parties 33
Relief awarded 45, 46
Relief awarded - In general 45
Relief awarded - Injunctive relief 46
Remedy 10-14
Remedy - In general 10
Remedy - Building restrictions 12
Remedy - Cancellation of land contracts 13
Remedy - Personal property 14
Remedy - Tax title 11
Review 48
Riparian rights 28
Sufficiency of evidence 44
Summary judgment 47
Tax deed, cloud on title 6
Tax deed, complaint 39
Tax deed, possession 25
Tax deed, title 20
Tax title, remedy 11
Title 16-20
Title - In general 16
Title - Adverse possession 17
Title - Common source 18
Title - Mortgages 19
Title - Tax deed 20
Validity 1
Wild and unoccupied land, possession 26
Wrongful possession 27
1. Validity
Statute which was intended to enlarge the jurisdiction of the courts of chancery in quieting the title to real estate, if otherwise constitutional, could not be construed so as to impair the constitutional right of trial by jury. Briles v. Bradford, 54 Fla. 501, 44 So. 937 (1907). Jury 10
2. Construction and application
Bill in equity to quiet title was permitted, and upon removal of case to Federal court statute would be applied. Commodores Point Terminal Co. v. Hudnall, S.D.Fla.1922, 283 F. 150.
Statute did not abrogate, but was subject to, equitable rules regarding quieting tax titles. Cremin v. Quigley, 104 Fla. 133, 139 So. 383 (1932). Quieting Title 19
Equity will set aside a deed to land, regular in form but void in fact, as against the valid title of one in possession, where the claimant under the deed insists that it is good but refrains from suit to test the title. Conant v. Buesing, 23 Fla. 559, 2 So. 882 (1887). Quieting Title 4
3. Nature of remedy
Under statute, a bill in equity could be brought to remove clouds on a title without prior adjudication at law. Commodores Point Terminal Co. v. Hudnall, S.D.Fla.1922, 283 F. 150. Quieting Title 11
Quiet title suit in which court expressly determined that it had jurisdiction of subject matter and named defendants and also alleged jurisdictional facts to support same effectively barred any right of owner of mineral right and her heirs or successors in title and accordingly there was not a breach of warranty by vendors. Schoenrock v. Ballard, App. 1 Dist., 185 So.2d 760 (1966). Covenants 100(1); Judgment 542
4. Cloud on title--In general
Where grantee did not deny that she had received only an undivided one-half interest in a life estate, fact that she claimed she had been defrauded by grantor did not constitute a cloud on the title of grantor, and, therefore, did not afford grounds for quiet title action by grantor. Brass v. Reed, 64 So.2d 646 (1953). Quieting Title 7(1)
Recorded plats, purporting to subdivide lands for purpose of establishing claim of dedication of streets, constituted cloud on title. North Bay Shore Land Co. v. Pollard, 99 Fla. 1287, 128 So. 809 (1930). Quieting Title 7(1)
A deed showing on its face that the grantor was out of possession at its date, and that the land was then held adversely by another, does not create such a cloud upon the adverse claimant's title as will authorize the interposition of a court of equity in his behalf for its removal. Reyes v. Middleton, 36 Fla. 99, 17 So. 937 (1895). Quieting Title 7(3)
When the cloud proposed to be removed by the bill would not, if an action of ejectment was brought upon it against the true owner, be sufficient to cause said owner to be put to proof of its inefficiency, and was not apparently a good title, no cloud exists and the interference of a court of equity can not be invoked. Benner v. Kendall, 21 Fla. 584 (1885).
Where an action can not be sustained upon a conveyance, in the absence of rebutting proof, it can not be said to be a cloud upon the title. Davidson v. Seegar, 15 Fla. 671 (1876). Quieting Title 7(3)
5. ---- Contract for sale, cloud on title
Where neither vendee nor one who claimed interest under contract for purchase of realty by virtue of having furnished vendee money paid under contract with knowledge of vendor took steps to carry out terms of contract for some 15 years thereafter. Vendor could treat contract as "abandoned", entitling him to have contract cancelled as a cloud on title, without returning payments made under contract. Rosenthal v. Largo Land Co., 146 Fla. 81, 200 So. 233 (1941). Quieting Title 14; Vendor And Purchaser 86
Record of unacknowledged contract for sale of realty did not constitute constructive notice as to existence of such contract, and would not be cloud on title of grantor thereunder. Lassiter v. Curtiss-Bright Co., 129 Fla. 728, 177 So. 201 (1937). Quieting Title 7(2)
Expunging from record by clerk of circuit court of a contract for sale of realty which had been recorded, notwithstanding it had not been acknowledged and hence was not entitled to record, left record title unclouded because the record was never sufficient to cloud title. Lassiter v. Curtiss-Bright Co., 129 Fla. 728, 177 So. 201 (1937). Quieting Title 7(2)
Unacknowledged contract of option or sale signed by married woman concerning her separate property, though not entitled to be recorded and not capable of specific performance against her, may with public record thereof constitute cloud on title. Keene v. Latimer, 102 Fla. 841, 136 So. 331 (1931). Quieting Title 7(3)
6. ---- Tax deed, cloud on title
An attempt by former owner or claimant of land sold for taxes to assert his record title thereto after execution of tax deed constitutes cloud on tax title, holder of which may apply to equity court for removal thereof. Taff v. Hodge, 132 Fla. 642, 182 So. 230 (1938). Taxation 793
7. ---- Mortgages, cloud on title
A foreclosure being had by the assignee of the satisfied mortgage under which a decree and deed are procured, a grantee of the mortgagor not being made a party, and having no notice of the proceeding until after a sale under the decree, such grantee may maintain a suit to enjoin the parties from conveying or asserting claim to the property, and to annul such a decree and deed, the same being a cloud upon his title. Matheson v. Thompson, 20 Fla. 790 (1884). Quieting Title 7(4)
8. ---- Judgments, cloud on title
Grantee of land from grantor having outstanding against her a void judgment may maintain bill in equity to cancel judgment as cloud upon title to land. Protective Holding Corp. v. Cornwall Co., 127 Fla. 252, 173 So. 804 (1936). Quieting Title 39
Question whether recorded certified transcript of foreign judgment constitutes lien because of status of defendant as married woman at time of judgment and nature of cause of action as being one ex contractu is one for judicial inquiry in appropriate proceeding in equity brought in court where record exists to cancel record as cloud on married woman's title. Protective Holding Corp. v. Cornwall Co., 127 Fla. 252, 173 So. 804 (1936). Quieting Title 7(4)
Sheriff's deed to land attached and afterwards levied and sold under execution upon void judgment against nonresident defendant of whom court had not acquired jurisdiction is void, and will be set aside as cloud upon title of holder of legal title. Cornwell v. Williford, 73 Fla. 305, 73 So. 795 (1917). Quieting Title 7(4)
Where a conveyance has been made by a husband to his wife on a valuable consideration not named in the deed, and the land has been sold under execution against the husband in an action brought after the record of the deed, such sale is a cloud on the title of the wife. Pettit v. Coachman, 51 Fla. 521, 41 So. 401 (1906). Quieting Title 7(4)
An administrator's deed purporting to convey land sold by him under an order of a court which, as to its power to make such an order, is a court of special and limited jurisdiction, is not, nor are such deeds, and order and other sale proceedings, a cloud upon the title when the fact essential to the court's jurisdiction to make the order does not appear on the order or the proceedings upon which such order is based. Sloan v. Sloan, 25 Fla. 53, 5 So. 603 (1889). Quieting Title 7(4)
9. Jurisdiction
Quieting title or removal of clouds on title to real estate is subject of equity jurisdiction. Tibbetts v. Olson, 91 Fla. 824, 108 So. 679 (1926); Brecht v. BurNe Co., 91 Fla. 345, 108 So. 173 (1926).
Original jurisdiction to try and determine issues with reference to title to and ownership of realty is vested exclusively in circuit court. Peeler v. Duval County, 66 So.2d 247 (1953). Courts 472.1
Jurisdiction of proceedings to quiet title and prevent litigation is inherent in courts of equity. Hawkins v. Rellim Inv. Co., 92 Fla. 784, 110 So. 350 (1926). Quieting Title 1
In suits to quiet title, it is not essential that the court have jurisdiction of the person of the defendant. Hawkins v. Rellim Inv. Co., 92 Fla. 784, 110 So. 350 (1926).
Jurisdiction over proceedings to quiet title and prevent litigation is inherent in courts of equity. McDaniel v. McElvy, 91 Fla. 770, 108 So. 820 (1926). Quieting Title 1
Antecedent of this section was intended to enlarge the jurisdiction of courts of chancery. Johnson v. Baker, 73 Fla. 6, 74 So. 210 (1917).
Courts of equity have jurisdiction of suits to quiet title. Griffin v. Orman, 9 Fla. 22 (1860). Quieting Title 1
10. Remedy--In general
Suit to quiet title must be legally predicated. Cremin v. Quigley, 104 Fla. 133, 139 So. 383 (1932). Quieting Title 27
Suit to remove cloud created by record of unproved and unacknowledged sales agreement would not lie, since title was not affected thereby. Leatherman v. Schwab, 98 Fla. 885, 124 So. 459 (1929). Quieting Title 7(2)
If purchaser removes without leaving information as to address, vendor may exercise option to terminate land sale contract for default in payments and remove cloud on title. Malone v. Meres, 91 Fla. 709, 109 So. 677 (1926).
A homesteader may obtain relief in equity against a judgment against him, apparently a lien that affects the salability of the homestead. Clements v. Henderson, 70 Fla. 260, 70 So. 439 (1915). Homestead 209
A bill to remove a cloud does not lie against a defendant alleged to have possession himself of certain of the lands, to have leased others of them to other parties, and to be otherwise attempting to exercise control over all the lands. Barco v. Doyle, 50 Fla. 488, 39 So. 103 (1905). Quieting Title 7(1)
The basis for equitable interference in the removal of a cloud from the title to real estate is that the instrument, apparently valid, but void in fact, may be vexatiously or injuriously used against the rightful owner, after the evidence to invalidate it has been lost, and the owner being in possession, can not immediately protect his rights by any legal proceeding. Brown v. Solary, 37 Fla. 102, 19 So. 161 (1896).
11. ---- Tax title, remedy
If land is sold for a tax improperly assessed, the true owner, if in possession, may maintain a bill in equity against tax purchaser to quiet title. Crompton v. Kirkland, 157 Fla. 89, 24 So.2d 902 (1946). Taxation 799
One securing tax deed before recording of deed conveying to others former record owner's title to land described was entitled to bring suit to remove resulting cloud on tax title. Taff v. Hodge, 132 Fla. 642, 182 So. 230 (1938). Taxation 793
Validity of tax deeds may be established incidentally by removal of claims or conveyances construed to be cloud on title. Day v. Benesh, 104 Fla. 58, 139 So. 448 (1932). Taxation 793
One in possession claiming title under tax deed could maintain amended bill to quiet title, where adverse claimant recorded his deed after commencement of suit. Day v. Benesh, 104 Fla. 58, 139 So. 448 (1932). Taxation 809(4)
Bill cannot be maintained merely to quiet tax title against former record title, which has not been asserted subsequent to issuance of tax deed. Woodman v. Jones, 101 Fla. 177, 133 So. 620 (1931). Taxation 793
Bill in equity cannot be maintained solely to test validity of tax deed. Florida Cent. & G. Ry. v. Boswell, 98 Fla. 117, 123 So. 567 (1929). Taxation 798
12. ---- Building restrictions, remedy
Where all owners of lots subject to residential restrictions, except those who had acquired lots for park purposes, wished restrictions removed, and it appeared that at either end of restricted area, which consisted of some 70 lots along ocean and abutting on paved highway, were located a trailer park, service station, bar, restaurant, casino, fishing pier, and apartment house, such circumstances were sufficient to warrant decree removing restrictions on theory that effect of restrictive covenants would be frustrated and brought to naught by changed conditions in the vicinity. Dade County v. Thompson, 146 Fla. 66, 200 So. 212 (1941). Quieting Title 7(2)
Each suit for the removal of restrictive covenants from land must be determined upon the equities presented in the particular case, the test being whether or not the original purpose or intent of the parties to the restrictive covenants can be reasonably carried out. Dade County v. Thompson, 146 Fla. 66, 200 So. 212 (1941). Quieting Title 7(2)
In vendor's action to cancel sales agreement covering water front property for vendee's violation of restriction requiring residential use of property and prohibiting erection of residences valued at less than $3,500, evidence that erection of a paper mill and filling in of water front had destroyed value of property and made it useful for industrial purposes only and that other water front property was conveyed by vendor without such restrictions justified finding that restrictions should be cancelled because of change of conditions. Port St. Joe Dock & Terminal Ry. Co. v. Maddox, 140 Fla. 110, 191 So. 775 (1939). Quieting Title 44(3)
Building restrictions may be removed as clouds on title where there has been radical change in character of neighborhood, or mutual disregard of restrictions. Osius v. Barton, 109 Fla. 556, 147 So. 862 (1933). Quieting Title 7(1)
Equity has jurisdiction to cancel restrictive covenant in deed as cloud on title, though grounds for cancellation would constitute complete defense to enforcement. Osius v. Barton, 109 Fla. 556, 147 So. 862 (1933). Quieting Title 28
13. ---- Cancellation of land contracts, remedy
Where contract for sale of land was mutually unenforceable because purchaser was married woman and purchaser had performed no part of the agreement, vendor was entitled to have record of the contract canceled as a cloud on vendor's title. Griffing v. Griffing, 120 Fla. 913, 163 So. 141 (1935). Quieting Title 7(3)
Where original vendee abandoned land contract, and vendor elected to treat abandonment as forfeiture and terminate contract, vendor may maintain suit to cancel recorded evidence of contract between assignee and subsequent purchaser under terminated contract. Pierce & Stevenson v. Jones, 109 Fla. 517, 147 So. 842 (1933). Quieting Title 7(2)
Where assignee of vendee fails to tender money and demand deed within time designated in contract, or within reasonable time, vendor, having tendered performance to vendee which was refused, may treat contract as abandoned, entitling him to have evidence of contract removed from public records as cloud on title. Pierce & Stevenson v. Jones, 109 Fla. 517, 147 So. 842 (1933). Vendor And Purchaser 86
Married woman, who with her husband signed agreement giving option to purchase her separate property, could, after option had expired, upon tendering return of cash consideration, maintain bill for cancellation of agreement as cloud on title, notwithstanding optionee's tender of purchase price to her husband, where agreement was not proved or acknowledged by her. Keene v. Latimer, 102 Fla. 841, 136 So. 331 (1931). Quieting Title 7(3)
If after several defaults on the part of the vendee the vendor attempts to give notice but is prevented from so doing by the removal of the vendee without leaving information as to his future address, and without making any provision for carrying out the contract, the vendee will be deemed to have abandoned the contract, and the vendor may then declare and treat the contract as forfeited and terminated in accordance with its terms, and may take proper steps in equity to obtain the removal of the cloud upon his title by the cancellation of the public record of such contract. Realty Securities Corp. v. Johnson, 93 Fla. 46, 111 So. 532 (1927).
In suit in equity for cancellation of a recorded contract of sale of real estate, as a cloud upon the vendor's title, the vendor may have the contract cancelled of record and declared null and void upon returning to the purchaser all amounts paid to the vendor by virtue of the contract, less any financial damage which the vendor may be able to show he sustained by reason of the contract, and any amount of financial benefit the purchaser may hav
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