Title, Deeds, and Ownership Restrictions
Title is evidence of ownership. Voluntary alienation occurs by deed or will; involuntary alienation by foreclosure, tax sale, eminent domain, adverse possession, or escheat.
Deeds
A valid deed requires a competent grantor, a named grantee, words of conveyance, a legal description, the grantor's signature, and delivery with acceptance. Florida deeds require two subscribing witnesses, and acknowledgment is needed to record. Recording protects the grantee but does not cure a defective deed.
- General warranty deed: six covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances).
- Special warranty deed: warranties limited to the grantor's own acts.
- Quitclaim deed: conveys whatever interest the grantor has, with no warranty.
Recording and title evidence
Florida is a notice recording jurisdiction: a later purchaser for value without notice is protected even if the earlier deed was recorded first. Title evidence comes from a title search and abstract, an attorney's opinion, or title insurance (owner's and lender's policies).
Restrictions and encumbrances
Deed restrictions and CC&Rs, zoning, building codes, and subdivision regulations limit use. Easements (appurtenant or in gross), licenses, encroachments, and liens (tax, judgment, mechanic's lien) burden title.
Traps
Recording does not create title. A quitclaim deed can convey a valid interest; it simply makes no promises. Liens run with the land, so a buyer needs lien releases at closing.
Rule of thumb
Warranty protection ranks general warranty, then special warranty, then quitclaim.