FLORIDA APPELLATE COURT FINDS RESTRICTIVE COVENANT EXTINGUISHED BY MARKETABLE RECORD TITLE ACT

Murray Shepard
12 hours ago
3 min read

Florida’s Sixth DCA refused to enforce a restrictive covenant on real property located in Collier County (“the Property”) and owned by La Minnesota Riviera, LLC (“Riviera LLC” or “the LLC”) concluding that Florida’s Marketable Record Title Act (“MRTA”) extinguished the restriction. La. Minn. Riviera, LLC v. Riviera Golf Ests. Homeowners Ass'n, 2026 Fla. App. LEXIS 2979, *1 (Fla. 6th DCA April 17, 2026).

In 1990, without knowledge that a use restriction created by a 1973 deed addendum required the Property be used as a golf course, an unidentified buyer purchased the Property. “Years later” Riviera LLC acquired title to the Property, also unaware of the use restriction created by the deed addendum. Riviera LLC attempted to sell the Property and when that failed, tried to develop the land which drew opposition from the neighboring homeowners’ association, Riviera Golf Estates Homeowners Association (“HOA”).

The HOA insisted Riviera LLC use the Property as a golf course and when the LLC refused, the HOA sued seeking declaratory relief. Both parties moved for summary judgment. The LLC argued that the use restriction was extinguished under the plain language of MRTA which provided that a property owner whose ownership interest was recorded and disclosed “for not less than 30 years” shall have marketable record title free of all claims.

The HOA rebutted that an affidavit recorded shortly before the 1990 purchase which “incorporated by reference the 1973 deed addendum” containing the golf course use restriction, preserved the restriction rendering MRTA inapplicable. The trial court agreed with the HOA and entered a judgment declaring the Property must be used as a golf course. Riviera LLC appealed the declaratory judgment.

The Sixth DCA reversed the judgment in favor of the HOA. The Court’s decision turned on whether the affidavit, which referenced the 1973 deed addendum, was a “muniment of title” which the Court defined as “deeds, wills, and court judgments through which a particular land title passes and upon which its validity depends.” The Court concluded that the affidavit did not “carry or pass title” so it was not a muniment of title and it did not preserve the land use restriction.

Elaborating, the Court explained that the idea behind MRTA was “to extinguish all claims [more than 30 years old] which conflict with a record chain of title…” so that interested parties could rely on the record title simplifying and facilitating land transactions. Remanding the matter, the DCA ordered the trial court to enter judgment in favor of Riviera LLC.

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Florida’s Sixth DCA refused to enforce a restrictive covenant on real property located in Collier County and owned by La Minnesota Riviera, LLC (“Riviera LLC” or “the LLC”) concluding that Florida’s Marketable Record Title Act (“MRTA”) extinguished the restriction that required the Property be used as a golf course. La. Minn. Riviera, LLC v. Riviera Golf Ests. Homeowners Ass'n, 2026 Fla. App. LEXIS 2979, *1 (Fla. 6th DCA April 17, 2026).
The neighboring HOA insisted the LLC use the Property as a golf course and when the LLC refused, the HOA sued seeking declaratory relief. The LLC argued that the use restriction was extinguished under the plain language of MRTA. The HOA rebutted that an affidavit recorded shortly before the 1990 purchase which “incorporated by reference the 1973 deed addendum” containing the golf course use restriction, preserved the restriction rendering MRTA inapplicable. The trial court entered judgment for the HOA. The LLC appealed.
The Sixth DCA reversed the HOA’s judgment finding the affidavit which simply referenced the deed addendum was not a “muniment of title” because it did not “carry or pass title.” The Court concluded the affidavit did not preserve the land use restriction. Remanding the matter, the DCA ordered the trial court to enter judgment in favor of the LLC.

1 MRTA is codified at § 712.02, Fla. Stat.

2 Riviera Golf, at *1.

3 Riviera Golf, at *2. Future references to this case are to this citation until indicated

otherwise.

4 Riviera Golf, at *1.

5 Riviera Golf, at *5-6 (emphasis provided).

6 Riviera Golf, at *6 (other citations omitted).

7 Riviera Golf, at *3-4 (other citations omitted).

8 Riviera Golf, at *7.

9 MRTA is codified at § 712.02, Fla. Stat.