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FrankA2 (Florida)
Posts: 40
Posted:

Hello all,

May I respectfully request if someone could translate the statement below from a Deed as to what it means in layman’s terms?

It comes from a deed originated from the ‘community developer’ prior to mine of which I have had for over 30 years in Florida now.
Not sure if it’s has anything to do with the Marketable Record Title Act.

“…This conveyance is also subject to easements, restrictions and reservations of record, if any, however this reference to easements, restrictions and reservations shall not operate to reimpose the same.”
TimB4 (Tennessee)
Posts: 21,059
Posted:
I had to look up "reservation."
See: Exceptions And Reservations from an underwriting manual.

To me, and I do not work in the field to know for a fact, it says:

The deed being conveyed (given) may have other easements, restrictions and/or reservations attached to it. (buyer beware notice in my mind).

However, the fact that the deed saying the land might have other attachments does not mean it does.

ElleN (Idaho)
Posts: 4,420
Posted:
FrankA2, I am no expert, especially on something as complicated as the MRTA. I have just read a lot of HOA law over the years; been on boards; and observed several HOA lawsuits up close and personal.

I think your observation is astute. The sentence you quoted may very well be all about the MRTA.

I googled on "shall not operate to reimpose the same." It is used // a lot // on Florida deeds (and like nowhere else).

One way I might translate this, roughly:

“…This conveyance is also subject to easements, restrictions and reservations of record (if any). However the preceding sentence shall not operate to invalidate any provision of the MRTA."
FrankA2 (Florida)
Posts: 40
Posted:
Thank you, ElleN!
DeanJ
Posts: 1,786
Posted:
This conveyance is also subject to easements, restrictions and reservations of record, if any, however this reference to easements, restrictions and reservations shall not operate to reimpose the same.”

It is simply saying there restrictions associated with the lot and those restrictions are recorded.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with Dean’s interpretation.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with Dean’s interpretation.

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