The Deltona Deed Restrictions Debate.
In 1963, Florida first adopted its Marketable Record Title Act. Currently, there is a question as to whether or not the "Deltona Deed Restrictions" recorded to govern the various properties within Deltona’s Marco Island Subdivision have effectively been extinguished by the passage of time. The discussion is primarily one based on the attempt by MICA to renew the restrictions beyond the 30 year period ordinarily allowed under the Florida Marketable Record Title Act.
As set forth in the attached correspondence, the firm has made a preliminary opinion that the Deltona deed restrictions are generally no longer enforceable by virtue of the Florida Marketable Record Title Act. MICA, however, maintains that the restrictions are enforceable.
Debate.
- Article entitled "The Reinstatement of Covenants, Conditions, and Restrictions Extinguished by the Marketable Record Title Act" printed in the May 2005 edition of The Florida Bar Journal.
- Declaration of restrictions from Marco Beach Unit One, recorded January 8, 1965 at O.R. Book 181, Page 588, Public Records of Collier County, Florida.
- Assignment of authority under declaration of restrictions recorded October 30, 1986, at O.R. Book 1226, Page 894, Public Records of Collier County, Florida.
- Notice of continuation of declaration of restrictions recorded January 18, 1995, at O.R. Book 2021, Page 1545, Public Records of Collier County, Florida.
- Assignment recorded April 10, 2000, at O.R. Book 2661, Page 2767, Public Records of Collier County, Florida.
- Florida Statutes Chapter 712 (1995).
- Florida Statutes Chapter 712 (2009).