Attack outline
FL Real Property Attack
Review the FL Real Property Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
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Ordered attack steps
- Fee simple absolute
- Life estate (waste doctrine)
- Defeasible fees (determinable, subject to condition subsequent, subject to executory interest)
- Future interests (reversion, remainder, executory interest)
- Tenancy in common (default)
- Joint tenancy (TTIP + right of survivorship)
- Tenancy by entireties (FL: real AND personal property)
- Severance issues
- FL is a NOTICE recording jurisdiction (§ 695.11) — a subsequent BFP without notice prevails over a prior unrecorded conveyance
- An unrecorded instrument is not effective against a subsequent purchaser for value without notice
- Wild deeds provide NO constructive notice (outside chain of title)
- Types of notice: Actual, constructive (record), inquiry
- Marketable Record Title Act (Ch. 712): extinguishes interests >30 years old unless notice of claim filed