Matissek v. Waller

Summary

The Florida Second District Court of Appeal held that the Marketable Record Titles to Real Property Act extinguished both the original and amended deed restrictions governing the appellants' property in Hidden Lakes Estates. Because the restrictions were not preserved through specific identification in the chain of title or otherwise exempted under the statute, the court reversed the judgment requiring modification or removal of an airplane hangar and remanded for entry of summary judgment in favor of the appellants.

Holdings

1. The 1971 restrictions were extinguished because the 1974 indenture was the root of title and did not specifically identify the title transaction imposing the restrictions by book and page or by the name of the recorded plat imposing them.
2. The 1977 amended restrictions were also extinguished because they did not constitute muniments of title or title transactions qualifying for the section 712.03 exceptions, and they were recorded outside the chain of title.
3. The Matisseks were entitled to final summary judgment declaring that they held marketable record title free and clear of the earlier restrictions.

Questions Presented

1. Whether the Marketable Record Titles to Real Property Act extinguished the original 1971 deed restrictions on the Matisseks' property.
2. Whether the 1977 amended restrictions were preserved from extinguishment under the exceptions to the Marketable Record Titles to Real Property Act or otherwise applied to the property.

Disposition

reversed_and_remanded