Florida Statutes 739.601 – Recording of disclaimer relating to real estate
Current as of: 2022 | Check for updates | Other versions
Terms Used In Florida Statutes 739.601
- Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Florida Statutes 739.102
- Disclaimer: means the refusal to accept an interest in or power over property. See Florida Statutes 739.102
(1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real estate to which the disclaimer relates and unless the disclaimer is filed for recording in the office of the clerk of the court in the county or counties where the real estate is located.
(2) An effective disclaimer meeting the requirements of subsection (1) constitutes constructive notice to all persons from the time of filing. Failure to record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.