In short: In La Minnesota Riviera v. Riviera Golf Estates Homeowners Association (6th DCA, Apr. 17, 2026), a Collier County HOA tried to stop development of a former golf course under a 1973 deed restriction. The Sixth DCA reversed and ordered judgment for the landowner. Under the Marketable Record Title Act, the restriction was extinguished because no muniment of title preserved it.
The Facts
A 1973 deed addendum required the land to be used as a golf course.
The 1990 deed in the chain of title did not mention the restriction. Just before it was recorded, a partner of the selling partnership recorded an affidavit of his authority to sign the deed, and that affidavit incorporated the 1973 addendum by reference.
La Minnesota Riviera bought the land without knowing of the restriction and discovered it when a later sale fell through.
When it tried to develop the land, the adjoining Riviera Golf Estates HOA sued for declaratory and injunctive relief, arguing the affidavit preserved the restriction.
The trial court granted the HOA summary judgment and entered a declaratory judgment.
The Decision
The Sixth District Court of Appeal reversed and remanded with instructions to enter summary judgment for the landowner (Case No. 6D2025-0443, April 17, 2026; opinion by Judge Nardella).
Under MRTA, a restriction older than the root of title survives only if it is preserved in a muniment of title on which the owner’s estate is based. A muniment must actually carry or pass title.
An affidavit of a partner’s authority to sign a deed does not carry or pass title, even if it incorporates the restriction by reference. With no qualifying muniment since the root of title, the golf-course restriction was extinguished.
The court decided only that issue and did not reach the landowner’s other arguments.
The Law
Florida’s Marketable Record Title Act, chapter 712, gives an owner with an unbroken 30-year chain of record title marketable title free of older interests unless an exception applies or the interest is preserved (§§ 712.02–712.04). The court applied the statute as amended through 2022.
Associations can preserve covenants by recording notices under chapter 712 within the statutory window, and the 2018 amendments created a process to revive some extinguished covenants.
Lessons
- HOAs and neighbors relying on old use restrictions should confirm they have been preserved under MRTA. If not, they may be gone.
- Buyers of former golf courses and open space should order a full title search back to the root of title.
- Recorded affidavits and side documents do not preserve restrictions just by referring to them.
- The opinion was not yet final when published; check for rehearing or further review.
Watch the Oral Argument
This is the recording of the oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Deed Restrictions & Title Marketability | La Minnesota Riviera v. Riviera Golf Estates HOA, 6D2025-0443
Go Deeper
- “Less and Except” Means Not Yours: Deed Carve-Outs and Tax Deeds (Garden State v. Shazbop)
- Hidden Buyer, $13M Sale: A Seller’s Fraud Claim Gets Revived (Puleo v. Cohen)
- Deed in Lieu Held in Escrow: Court Can Order Foreclosure Instead (Safe Harbor v. 9775 Dixie)
Frequently Asked Questions
What is the Marketable Record Title Act in Florida?
Chapter 712, which gives owners with a 30-year unbroken record chain marketable title free of most older interests that were not preserved.
Can MRTA wipe out a deed restriction?
Yes. In La Minnesota Riviera, a 1973 golf-course restriction was extinguished because no muniment of title since the root of title preserved it.
What is a muniment of title?
A document that carries or passes title, such as a deed. An affidavit of authority to sign is not one.
How can an HOA preserve old restrictions?
By recording a preservation notice under chapter 712 or ensuring the restrictions appear in later muniments of title.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate, landlord-tenant, condominium and property disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Statutes and court rules are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
