Post by Admin on Apr 10, 2014 23:27:30 GMT -5
Background: MRTA (Marketable Records Title Act) was adopted by Florida in 1963. It solved the problem of unending claims on property causing title searchers to have to go back 100 years! The doctrine is that "the dead cannot control the living" and a time limitation for new property claims was established. MRTA says that unless you publicly and specifically re-declare your claim (or restriction), it will expire after 30 years.
All SLR deeds have an S-bag logo at the top and are 3 pages. They were conveyed by the Developer, S-bag Lake Resorts, Inc. in the 1970's and 80's.
The Declaration of Covenants and Restrictions (aka CC&R's and actually means Covenants, Conditions and Restrictions) were recorded in 1972 (Unit 1), 1974 (Unit 2) and 1975 (Unit 3). S-bag Lake Resorts Inc began to sell the lots and started conveying deeds soon after platting. The FIRST Deeds it issued are the Root of Title for most owners. The Root is the first deed issued after the plat is recorded and is Day 1 of 30 years. Unknown to everyone, that first Deed started the MRTA clock ticking....30 years...UNLESS the individual OR the HOA publicly and specifically declared that it wished to extend the Declaration. (Individuals can do this with a personal deed, but that is unusual.)
Generally, if your lot was first sold by SLR Resorts Inc prior to today's date at least 30 years ago, there is a good chance it is expired.
Below is an example of the first recording of the Declaration (red arrow). Note that it describes specifically where the Declaration is recorded by OR Book/Page.
Here is how to tell specifically either the expensive way or a "casual way". You can go the expensive route and pay for a Title Search ($200-300). If you have a specific legal purpose in mind, you might want to then follow up and pay for an Attorney's Title Opinion ($250-500).
If you are just curious, it is relatively easy to find out by going online to Polk County Property Appraiser's website>>> Polk County Property Appraiser <<<and looking up the Sales History on your property. If there have not been many conveyances on your lot (average is 4-5), then you will be able to see all the documents in your entire chain of title at that one website. (Be prepared to install Polk's Records Search viewer-it is safe, quick and easy.)
Click on the blue hyperlink on the far left in the Sales History section; it is the Plat Book/Page where the deed is recorded and READ THE DEED carefully! Look for the specific reference to the Declaration in the OR Book/Page. If it is not there, the claim/restriction has not been reimposed. Go to the next deed and repeat.
If there are many documents in the sales history, the entries in the chain will "max out" with no more room and you will have to do some sleuthing in the Polk County Official Records,>>> Polk County Official Records <<<which is also online. That is a little trickier because you must follow names backward in a sequence and pay closer attention to follow the “chain of title”. Take the last name in the deed and enter it into the Search.
Deeds will always make a general reference like "subject to easements, restrictions, if any... and may go on to say that such easements/restrictions are not "reimposed hereby". The MRTA clock is still ticking... Even if there is a named reference to S-bag's Articles of Incorporation, Restrictions, mandatory assessments etc, the clock continues to tick...
That is because general statements are insufficient to comply with MRTA--the reference must be specific and reference the OR BOOK and PAGE.
If none of the several deeds in your chain of title contain a specific reference to the original Declaration for at least 30 years, it is very likely MRTA has extinguished the Covenants on your parcel.
If before the 30 years was up, SLohA had properly recorded a Notice of Preservation identifying your parcel, that Notice would have re-started the MRTA 30 year clock on Day 1. Or, if someone re-declared the covenants in their personal deed, the MRTA clock restarts.
Below is an example of such a “preservation” by an Owner. Note where the red arrow is; that is the specific reference to the Declaration in OR 1428/PG149 that is required by FS712.05. Thus, property restrictions have been "reimposed" by specifically referencing the Covenant recording information.
This Deed happened to be done quite thoroughly. Not only is the Declaration referenced, but the amendments are also referenced which serves to reimpose not only the Declaration but all the Amendments. This is quite atypical. Amendment documents are not conveyances and occur outside the chain of title. By referring to them specifically on the Deed, they have been incorporated.
Once extinguishment has occurred, only a Revitalization in accordance with FS720 can re-encumber the parcel. And, it can only forcibly re-encumber non-homestead parcels. The homesteaded owner can "opt out" and does not have to encumber their home with the revitalized Declaration. (Latest count of homesteaded parcels in SLR is 172.)
If a Notice of Preservation is recorded on a parcel that has already expired, it is "uttering a false instrument" and a slander of title because it causes a title defect. The Notice must be removed and one must file a Quiet Title suit.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.
All SLR deeds have an S-bag logo at the top and are 3 pages. They were conveyed by the Developer, S-bag Lake Resorts, Inc. in the 1970's and 80's.
The Declaration of Covenants and Restrictions (aka CC&R's and actually means Covenants, Conditions and Restrictions) were recorded in 1972 (Unit 1), 1974 (Unit 2) and 1975 (Unit 3). S-bag Lake Resorts Inc began to sell the lots and started conveying deeds soon after platting. The FIRST Deeds it issued are the Root of Title for most owners. The Root is the first deed issued after the plat is recorded and is Day 1 of 30 years. Unknown to everyone, that first Deed started the MRTA clock ticking....30 years...UNLESS the individual OR the HOA publicly and specifically declared that it wished to extend the Declaration. (Individuals can do this with a personal deed, but that is unusual.)
Generally, if your lot was first sold by SLR Resorts Inc prior to today's date at least 30 years ago, there is a good chance it is expired.
Below is an example of the first recording of the Declaration (red arrow). Note that it describes specifically where the Declaration is recorded by OR Book/Page.
Here is how to tell specifically either the expensive way or a "casual way". You can go the expensive route and pay for a Title Search ($200-300). If you have a specific legal purpose in mind, you might want to then follow up and pay for an Attorney's Title Opinion ($250-500).
If you are just curious, it is relatively easy to find out by going online to Polk County Property Appraiser's website>>> Polk County Property Appraiser <<<and looking up the Sales History on your property. If there have not been many conveyances on your lot (average is 4-5), then you will be able to see all the documents in your entire chain of title at that one website. (Be prepared to install Polk's Records Search viewer-it is safe, quick and easy.)
Click on the blue hyperlink on the far left in the Sales History section; it is the Plat Book/Page where the deed is recorded and READ THE DEED carefully! Look for the specific reference to the Declaration in the OR Book/Page. If it is not there, the claim/restriction has not been reimposed. Go to the next deed and repeat.
If there are many documents in the sales history, the entries in the chain will "max out" with no more room and you will have to do some sleuthing in the Polk County Official Records,>>> Polk County Official Records <<<which is also online. That is a little trickier because you must follow names backward in a sequence and pay closer attention to follow the “chain of title”. Take the last name in the deed and enter it into the Search.
Deeds will always make a general reference like "subject to easements, restrictions, if any... and may go on to say that such easements/restrictions are not "reimposed hereby". The MRTA clock is still ticking... Even if there is a named reference to S-bag's Articles of Incorporation, Restrictions, mandatory assessments etc, the clock continues to tick...
That is because general statements are insufficient to comply with MRTA--the reference must be specific and reference the OR BOOK and PAGE.
If none of the several deeds in your chain of title contain a specific reference to the original Declaration for at least 30 years, it is very likely MRTA has extinguished the Covenants on your parcel.
If before the 30 years was up, SLohA had properly recorded a Notice of Preservation identifying your parcel, that Notice would have re-started the MRTA 30 year clock on Day 1. Or, if someone re-declared the covenants in their personal deed, the MRTA clock restarts.
Below is an example of such a “preservation” by an Owner. Note where the red arrow is; that is the specific reference to the Declaration in OR 1428/PG149 that is required by FS712.05. Thus, property restrictions have been "reimposed" by specifically referencing the Covenant recording information.
This Deed happened to be done quite thoroughly. Not only is the Declaration referenced, but the amendments are also referenced which serves to reimpose not only the Declaration but all the Amendments. This is quite atypical. Amendment documents are not conveyances and occur outside the chain of title. By referring to them specifically on the Deed, they have been incorporated.
Once extinguishment has occurred, only a Revitalization in accordance with FS720 can re-encumber the parcel. And, it can only forcibly re-encumber non-homestead parcels. The homesteaded owner can "opt out" and does not have to encumber their home with the revitalized Declaration. (Latest count of homesteaded parcels in SLR is 172.)
If a Notice of Preservation is recorded on a parcel that has already expired, it is "uttering a false instrument" and a slander of title because it causes a title defect. The Notice must be removed and one must file a Quiet Title suit.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.