Then one would look back more than 30 years from the current date to discover the first “root of title” for the subject lot which is older than 30 years. To make this determination a title search would be performed for each lot. The statute mandates a lot-by-lot examination to determine which lots would no longer be compelled by the covenants and restrictions. Problems such as this can arise when the covenants and restrictions have been recorded in excess of thirty (30) years ago.

If this was the case homeowners could stop paying their assessments and the community could fall into shambles because the Association may not be able to put into effect any of their covenants and restrictions. A problem arises, though, if the covenants and restrictions, such as the Declaration, By-laws, and Articles of Incorporation are deemed unenforceable because they expired due to MRTA. The Association can collect assessments from each homeowner in order to finance these expenses. Homeowners’ associations include certain covenants and restrictions in deeds to homeowners which take care of architectural control, insurance, maintenance obligations and use restrictions and other important matters. One way in which MRTA can be important is in terms of the responsibilities of homeowners’ and community associations.

As stated in Florida Statute Section 720.04, “a marketable record title is free and clear of all estates, interests, claims or charges, the existence of which depends upon any act, title transaction, event or omission that occurred before the effective date of the root of title.” Florida Statute Section 712.01(2) describes “root of title” as “any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined.” UNDERSTANDING FLORIDA’S MARKETABLE RECORD TITLE ACTįlorida’s Marketable Record Title Act (Chapter 712 of the Florida Statutes) (“MRTA”) was passed in order to liberate real property from older title defects by prescribing a 30-year limitations period on certain matters of title.

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