§ 704.05, Fla. Stat. · Chapter 704. EASEMENTS
Easements and rights of entry.
Text — 2026 Florida Statutes
(1) The rights and interests in land which are subject to being extinguished by marketable record title pursuant to the provisions of s. 712.04 shall include rights of entry or of an easement, given or reserved in any conveyance or devise of realty, when given or reserved for the purpose of mining, drilling, exploring, or developing for oil, gas, minerals, or fissionable materials, unless those rights of entry or easement are excepted or not affected by the provisions of s. 712.03 or s. 712.04. However, the provisions of this section shall not apply to interests reserved or otherwise held by the state or by any of its agencies, boards, or departments.
(2) Any person claiming such a right of entry or easement may preserve and protect the same from extinguishment by the operation of this act by filing a notice in the form and in accordance with the procedures set forth in ss. 712.05 and 712.06.
(3) This section is intended, and shall be deemed, to operate both prospectively and retrospectively.
(4) The provisions of this section shall not revive any right or interest that was extinguished by the operation of chapter 712 prior to June 6, 1975.
Notes and commentary — not statutory text
History
s. 1, ch. 70-100; s. 1, ch. 73-140; s. 1, ch. 75-94; s. 70, ch. 99-3.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0704/0704.html
- Text hash
- sha256 b81c345c02a074a95771b2496aacb1916b9c5527ad100f2e3dc499609bebbd9a
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- Fla. Stat. ch. 712MARKETABLE RECORD TITLES TO REAL PROPERTYPrinted as chapter 712
- § 712.03, Fla. Stat.Exceptions to marketability.Printed as s. 712.03
- § 712.04, Fla. Stat.Interests extinguished by marketable record title.Printed as s. 712.04
- § 712.05, Fla. Stat.Effect of filing notice.Printed as ss. 712.05 and 712.06
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.