What is the root of title and how do I find it?

The root of title is the last title transaction affecting your property that was recorded at least 30 years before the date you are examining the title. To find it, you start with the current date, subtract 30 years, and identify the most recent recorded title-affecting transaction (typically a deed) with a recording date at or before that 30-year point. If your parcel was conveyed by warranty deed in 1990 and again in 2020, and you are examining title in 2026, your 30-year point is 1996; the 1990 deed is the last transaction before that point, so the 1990 deed is your root. Title searches then begin at the root and proceed forward.

Does MRTA extinguish my mortgage?

Generally no. A mortgage is a title transaction that, once recorded, remains a matter of record and continues to affect title. If the mortgage was recorded after the effective date of the current root of title, it survives under §712.03(4) as a transaction recorded after the root. If the mortgage was recorded before the root, it may still survive under §712.03(1) if the mortgage is disclosed by or inherent in the muniments of title, or under §712.03(3) if the mortgagee is in possession or has taken other action preserving the interest. Mortgages that are truly stale — recorded long before the root and never enforced or preserved — can be extinguished by MRTA, but the more common outcome is that a mortgage survives due to one of the specific §712.03 exceptions.

Can an easement be extinguished by MRTA?

Depends on the type and current use. Section 712.03(5) preserves recorded or unrecorded easements, rights, interests, or servitudes in the nature of easements, rights-of-way, and terminal facilities — including those of public utilities and governmental agencies — SO LONG AS they are used. Utility easements that remain in active use are preserved; ancient recorded easements that have been abandoned and are no longer used may be at greater MRTA risk. Section 712.03(5) does not use a general "visible physical evidence" standard; the operative test is the "so long as they are used" language of the current statute. Practitioners confirm both the recorded interest and current use before opining on preservation.

How does an HOA preserve its CCRs before the 30-year mark?

Under §720.3032(2), the property owners' association board (post-2018 Ch. 2018-55 renamed "homeowners' association" to "property owners' association" throughout Ch. 712 and related provisions) may adopt a summary notice of preservation by board resolution and record it in the public records. The summary notice must reference the recording information of the original CCRs and comply with §712.05(2)(b). Note: §712.03(6) is NOT the covenant-preservation subsection — that mechanism runs through §§712.05-712.06 (general preservation) and §720.3032(2) (summary preservation for property owners' associations). Section 712.03(6) instead preserves rights of persons in whose names the land is assessed on the county tax rolls. This is substantially simpler than the general §712.05(2)(a) preservation, which requires written notice to each affected owner. HOAs should track the 30-year window on their governing documents carefully — preservation before the mark is a board-level action; revitalization after the mark requires a member vote and is far more burdensome. Boards typically calendar the preservation approach 5-7 years before the 30-year mark to allow for legal preparation and recording.

What is the difference between preservation and revitalization?

Preservation prevents MRTA extinguishment before it happens — a properly-recorded preservation notice under §§712.05-712.06 (or the summary version under §720.3032(2)) keeps the CCRs alive for another 30 years. Revitalization brings back CCRs that have already been extinguished by MRTA. Revitalization under §§720.403-720.407 requires a majority of affected property owners to approve; the HOA prepares a revitalization plan, submits it to the Florida Department of Commerce (formerly the Department of Economic Opportunity; renamed by HB 5 (2023)) for approval, and records the approved plan. Revitalization is substantially more expensive and time-consuming than preservation — attorney fees, member notice, and vote procedures make the cost meaningful. Boards that miss the 30-year window face this heavier procedure.

Are federal or state government interests extinguished by MRTA?

No. Section 712.04 expressly preserves any right, title, or interest of the United States, Florida, or its officers, boards, commissions, or agencies that has been reserved by law. Federal patent reservations (mineral rights, waterway easements), state-reserved sovereignty interests (submerged lands, dedicated public rights), and comparable governmental interests survive MRTA regardless of the passage of time. Save Calusa Trust adds a related exclusion: recorded restrictive covenants imposed as a condition of governmental approval (such as zoning variances) survive MRTA because they were imposed by government and are not the kind of stale private claim MRTA was designed to extinguish.

FL Marketable Record Title Act (MRTA): Ch. 712 Guide

TL;DR

Florida's Marketable Record Title Act (MRTA) at Chapter 712, enacted in 1963, streamlines title examination by extinguishing certain estates, interests, claims, or charges affecting real property whose existence depends on any act, title transaction, event, or omission occurring before the effective date of the "root of title" — the last title transaction affecting the property recorded at least 30 years prior to the time marketability is being determined. Section 712.02 vests marketable record title in any person who, alone or with predecessors in title, has been vested with an estate in land of record for 30 years or more; §712.04 extinguishes prior estates, interests, claims, or charges (subject to §712.03 exceptions). Homeowners' association covenants, conditions, and restrictions (CCRs) can be extinguished under MRTA — but Chapter 720 provides preservation and revitalization procedures at §712.05, §712.06, §720.3032, and (for revitalization) §720.403-720.407. Save Calusa Trust v. St. Andrews Holdings, Ltd., 193 So. 3d 910 (Fla. 3d DCA 2016), holds that recorded restrictive covenants imposed as part of a governmental approval process are not extinguished by MRTA. Condominium declarations under Chapter 718 are typically not extinguished by MRTA because each unit deed references the declaration, keeping it in the chain of title.

What MRTA does and why it matters

Before MRTA, a title examination of a Florida parcel could require review of every document affecting title back to the original Spanish land grants. Even after territorial statehood, the resulting title chains often stretched over a century, and stale claims from long-dormant interests routinely clouded marketability. MRTA — Chapter 712 of the Florida Statutes — solved that problem by creating a 30-year limitation period on certain matters affecting title. If no title transaction affecting a property has been recorded for 30 years or more, and the record owner (alone or with predecessors) has held the estate for that period, the record owner has a "marketable record title" under §712.02 that is free and clear of most estates, interests, claims, or charges arising before the effective date of the root of title.

The practical effect is that title examiners generally search only from the root of title forward. Older matters — even validly recorded ones — are extinguished by operation of §712.04 unless they fall within a specific §712.03 exception. The result is a shorter, more efficient title search and, in most cases, a cleaner title chain. For related state-specific frameworks that intersect with title marketability, see our Florida statutory deed warranties guide.

Root of title: the anchoring concept

Under Fla. Stat. §712.01(6) (renumbered from former §712.01(2) by Ch. 2018-55, which reordered the definitions section), "root of title" is defined 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." Three points from that definition:

Element	Meaning	Practical Implication
"Title transaction"	An event affecting title — deed, order of court, decree of foreclosure, tax deed, and similar events under §712.01(7)	Not just deeds — decrees, orders, and other title-affecting events all qualify
"Purporting to create or transfer the estate claimed"	The transaction need not actually pass valid title — it need only purport to; even a "wild deed" can qualify	MRTA can validate an otherwise defective chain if 30 years pass without contrary record events
"Last title transaction recorded at least 30 years prior"	Root of title is a moving target — as time passes, the eligible root transaction moves forward	A parcel with a 1960 deed and a 1985 deed measured as of 2026 has the 1985 deed as its root (since it is the most recent transaction at least 30 years before 2026)

The moving nature of the root of title is important: as time passes, earlier documents drop out of the effective search window while more recent ones remain. A parcel's marketability determination is always tied to a specific time — usually the date the search is performed. Two examinations of the same parcel five years apart may operate against different roots of title.

Extinguishment under §712.04

Section 712.04 provides the operative extinguishment rule: "Subject to matters stated in s. 712.03, such marketable record title shall be free and clear of all estates, interests, claims, or charges whatsoever, the existence of which depends upon any act, title transaction, event or omission that occurred before the effective date of the root of title." All such prior estates, interests, claims, or charges are "declared to be null and void" — regardless of whether they are held or asserted by a person under a disability, a corporation, a governmental entity, or a private party.

Section 712.04 also preserves specific interests: MRTA does not affect any right, title, or interest of the United States, of Florida, or of any of its officers, boards, commissions, or other agencies, that has been reserved by law. The federal and state governmental preservation is a critical limitation: federal reservations (mineral rights, easements retained in patents) and state-reserved interests (sovereignty lands, dedicated public rights) survive MRTA. Private property interests not fitting a §712.03 exception, however, are extinguished.

The §712.03 exceptions

Section 712.03 enumerates specific matters that survive MRTA even where they arose before the root of title. These exceptions are the primary source of complexity in MRTA practice:

§712.03(1): Estates, interests, claims, or charges disclosed by, and defects inherent in, the muniments of title of which the marketable record title chain consists — meaning if the root of title itself is defective on its face, MRTA does not cure that defect.

§712.03(2): Estates, interests, claims, or charges preserved by filing of a notice in the manner prescribed by §§712.05-712.06 — the statutory preservation procedure.

§712.03(3): Rights of any person in possession of the lands, so long as the person is in possession — actual possession preserves an interest.

§712.03(4): Estates or interests arising out of a title transaction recorded subsequent to the effective date of the root of title — the moving root-of-title principle preserves recent transactions.

§712.03(5): Recorded or unrecorded easements, rights, interests, or servitudes in the nature of easements, rights-of-way, and terminal facilities, including those of public utilities or governmental agencies, so long as they are used.

§712.03(6): Rights of any person in whose name the land is assessed on the county tax rolls, preserved while the land is assessed in that person's name and for 3 years after the land is last assessed in that person's name.

§712.03(7): Federal patent reservations, state-granted interests, and other rights of the United States or Florida arising by reservation of law — sovereign reservations.

§712.03(8): Restrictions or covenants that have been recorded pursuant to Chapter 376 or Chapter 403 (environmental/pollution control instruments) — these are not extinguished by MRTA.

§712.03(9): Rights, title, or interest held by the Board of Trustees of the Internal Improvement Trust Fund, a water management district under Ch. 373, or the United States, whether or not preserved.

The list above summarizes the current statutory exceptions, but practitioners should still consult the current statute and title counsel before relying on MRTA extinguishment.

Preservation and revitalization for HOA covenants

Homeowners' association CCRs can be extinguished by MRTA if not properly preserved. Under §712.05, an interested person may preserve an interest by recording a written notice of preservation in the public records of the county where the property is located; §712.06 prescribes the form and content of the notice. A properly-recorded preservation notice "resets the clock" and preserves the CCRs for another 30 years. For HOAs, §720.3032(2) authorizes a summary notice of preservation approved by the board of directors — a lower-cost procedure than the general §712.05(2)(a) notice, which requires written notice to each affected owner.

If an HOA's CCRs have already been extinguished by MRTA — that is, if the 30-year window has closed without preservation — the CCRs cannot simply be preserved retroactively. Instead, the HOA must revitalize them under §§720.403-720.407. Revitalization requires a majority of affected property owners to approve; it is substantially more expensive and time-consuming than preservation. The strategic implication for HOA boards: preserve before the 30-year mark rather than revitalize after. Attorney assistance is typically required for the technical procedural steps. For related state-specific frameworks that intersect with HOA governance and disclosure, see our Florida HOA and condominium guide.

The Save Calusa exception and governmental approvals

The Third District Court of Appeal held in Save Calusa Trust v. St. Andrews Holdings, Ltd., 193 So. 3d 910 (Fla. 3d DCA 2016), that a recorded restrictive covenant imposed as part of a governmental approval process (in that case, a Miami-Dade County "unusual use" approval by the Zoning Appeals Board — a golf-course-maintenance covenant recorded in 1968) is not extinguished by MRTA. The court reasoned that government-imposed restrictions on property — zoning, land use conditions, permit conditions — do not affect marketability of title and are not the kinds of stale claims MRTA was intended to extinguish. Save Calusa is a significant doctrinal exclusion: it means that recorded conditions from planning approvals, zoning variance covenants, development order conditions, and comparable governmental restrictions survive MRTA even without preservation.

The Save Calusa exclusion is separate from the §712.04 sovereign-interest preservation. Section 712.04 preserves government-reserved interests (federal patents, state-retained rights); Save Calusa preserves restrictions imposed on a landowner as a condition of government approval. Both operate to prevent MRTA from extinguishing what governmental actors have imposed on the land, but they cover different categories.

Current §712.04 codifies a related governmental-approval limitation that should be read alongside Save Calusa: MRTA does not alter comprehensive plans, zoning ordinances, land development regulations, building codes, permits, development orders, or comparable governmental approvals to the extent they operate independently of recorded title matters. Section 712.04 also expressly does not invalidate a recorded covenant or restriction that states on its first page that it was accepted by a governmental entity as part of, or as a condition of, such a development approval, zoning ordinance, permit, or development order. The practical effect: post-2018 amendments give recorded covenants imposed via governmental approval a statutory notice-based safe harbor separate from Save Calusa's judicially-recognized exclusion.

Why condominiums generally escape MRTA

Condominium declarations under Chapter 718 are typically not at risk of MRTA extinguishment because of how condominium ownership works. Each individual unit deed by statutory operation references the underlying declaration of condominium — every conveyance of a condominium unit necessarily creates a title transaction that references the declaration, keeping it in the chain of title. The declaration therefore has a continuously-refreshed presence in the record with each unit transfer, and MRTA's 30-year rule does not close in on it. Homeowners' associations under Chapter 720 have different structure — the CCRs are recorded once against the platted subdivision and do not receive automatic refreshment through subsequent lot transfers unless the CCRs are properly incorporated by reference or preserved.

Frequently Asked Questions

What is the root of title and how do I find it?: The root of title is the last title transaction affecting your property that was recorded at least 30 years before the date you are examining the title. To find it, you start with the current date, subtract 30 years, and identify the most recent recorded title-affecting transaction (typically a deed) with a recording date at or before that 30-year point. If your parcel was conveyed by warranty deed in 1990 and again in 2020, and you are examining title in 2026, your 30-year point is 1996; the 1990 deed is the last transaction before that point, so the 1990 deed is your root. Title searches then begin at the root and proceed forward.
Does MRTA extinguish my mortgage?: Generally no. A mortgage is a title transaction that, once recorded, remains a matter of record and continues to affect title. If the mortgage was recorded after the effective date of the current root of title, it survives under §712.03(4) as a transaction recorded after the root. If the mortgage was recorded before the root, it may still survive under §712.03(1) if the mortgage is disclosed by or inherent in the muniments of title, or under §712.03(3) if the mortgagee is in possession or has taken other action preserving the interest. Mortgages that are truly stale — recorded long before the root and never enforced or preserved — can be extinguished by MRTA, but the more common outcome is that a mortgage survives due to one of the specific §712.03 exceptions.
Can an easement be extinguished by MRTA?: Depends on the type and current use. Section 712.03(5) preserves recorded or unrecorded easements, rights, interests, or servitudes in the nature of easements, rights-of-way, and terminal facilities — including those of public utilities and governmental agencies — SO LONG AS they are used. Utility easements that remain in active use are preserved; ancient recorded easements that have been abandoned and are no longer used may be at greater MRTA risk. Section 712.03(5) does not use a general "visible physical evidence" standard; the operative test is the "so long as they are used" language of the current statute. Practitioners confirm both the recorded interest and current use before opining on preservation.
How does an HOA preserve its CCRs before the 30-year mark?: Under §720.3032(2), the property owners' association board (post-2018 Ch. 2018-55 renamed "homeowners' association" to "property owners' association" throughout Ch. 712 and related provisions) may adopt a summary notice of preservation by board resolution and record it in the public records. The summary notice must reference the recording information of the original CCRs and comply with §712.05(2)(b). Note: §712.03(6) is NOT the covenant-preservation subsection — that mechanism runs through §§712.05-712.06 (general preservation) and §720.3032(2) (summary preservation for property owners' associations). Section 712.03(6) instead preserves rights of persons in whose names the land is assessed on the county tax rolls. This is substantially simpler than the general §712.05(2)(a) preservation, which requires written notice to each affected owner. HOAs should track the 30-year window on their governing documents carefully — preservation before the mark is a board-level action; revitalization after the mark requires a member vote and is far more burdensome. Boards typically calendar the preservation approach 5-7 years before the 30-year mark to allow for legal preparation and recording.
What is the difference between preservation and revitalization?: Preservation prevents MRTA extinguishment before it happens — a properly-recorded preservation notice under §§712.05-712.06 (or the summary version under §720.3032(2)) keeps the CCRs alive for another 30 years. Revitalization brings back CCRs that have already been extinguished by MRTA. Revitalization under §§720.403-720.407 requires a majority of affected property owners to approve; the HOA prepares a revitalization plan, submits it to the Florida Department of Commerce (formerly the Department of Economic Opportunity; renamed by HB 5 (2023)) for approval, and records the approved plan. Revitalization is substantially more expensive and time-consuming than preservation — attorney fees, member notice, and vote procedures make the cost meaningful. Boards that miss the 30-year window face this heavier procedure.
Are federal or state government interests extinguished by MRTA?: No. Section 712.04 expressly preserves any right, title, or interest of the United States, Florida, or its officers, boards, commissions, or agencies that has been reserved by law. Federal patent reservations (mineral rights, waterway easements), state-reserved sovereignty interests (submerged lands, dedicated public rights), and comparable governmental interests survive MRTA regardless of the passage of time. Save Calusa Trust adds a related exclusion: recorded restrictive covenants imposed as a condition of governmental approval (such as zoning variances) survive MRTA because they were imposed by government and are not the kind of stale private claim MRTA was designed to extinguish.

Bottom Line

Florida's Marketable Record Title Act at Chapter 712 (enacted 1963) streamlines title examination by extinguishing most estates, interests, claims, or charges arising before the "root of title" — the last title transaction recorded at least 30 years prior to the marketability determination. Section 712.01(6) defines root of title (renumbered by Ch. 2018-55); §712.02 vests marketable record title in the 30-year record owner; §712.04 extinguishes prior interests (subject to §712.03 exceptions and federal/state government reservations). Section 712.03 exceptions preserve, among other things: matters disclosed by or inherent in the marketable record title chain (§712.03(1)); interests preserved by notice under §§712.05-712.06 (§712.03(2)); rights of persons in possession (§712.03(3)); interests arising from title transactions recorded after the root (§712.03(4)); used easements, rights-of-way, and terminal facilities including public utility/governmental agency rights (§712.03(5)); rights of persons in whose names the land is assessed on county tax rolls (§712.03(6)); federal and state sovereign reservations (§712.03(7)); restrictions/covenants recorded under Chapter 376 or Chapter 403 (§712.03(8)); and rights of the Board of Trustees of the Internal Improvement Trust Fund, water management districts, and the United States (§712.03(9)). Current §712.04 additionally does not alter comprehensive plans, zoning ordinances, permits, or development orders operating independently of recorded matters, and does not invalidate recorded covenants stating on their first page acceptance by a governmental entity as part of a governmental approval. HOA CCRs can be extinguished — but boards can preserve them under §720.3032(2)'s summary notice procedure or revitalize them under §§720.403-720.407 if already extinguished. Condominium declarations under Chapter 718 typically escape MRTA because each unit deed references the declaration, keeping it in the chain of title. Save Calusa Trust v. St. Andrews Holdings, Ltd., 193 So. 3d 910 (Fla. 3d DCA 2016), holds that recorded covenants imposed as conditions of governmental approval are not extinguished by MRTA. For related state-specific frameworks, see our Florida statutory deed warranties guide, our Florida adverse possession guide, our Florida HOA and condominium guide, and our Florida constitutional homestead guide.

Source: Florida Statutes Chapter 712 — Marketable Record Title Act · Florida Bar Journal — The Marketable Record Title Act Made Easy · Florida Attorney General Opinion — Marketable Record Title Act