Must a deed be recorded to be valid in Florida?

Florida law does not require a deed to be recorded to be valid in Florida. According to Florida law, a deed is valid between two parties when executed, notarized and delivered. As a practical matter, deeds are usually recorded when executed, signed and delivered; however there may be exceptions.

For example, the owner of a property may decide to deed her property to a trust as an estate planning strategy. As long as the deed is executed, notarized and delivered to the Trustee, the property has been properly conveyed to the Trust and no longer belongs to the owner. Even though the deed was not recorded, the trustee has a valid deed that transferred the property from the owner to the Trust.

The validity of the deed does not rely on whether the deed is recorded. Recording the deed gives notice of ownership to third party purchasers. For example: a third party purchases a property from the party listed as the owner in the public records, however the property had been deeded to another entity and the deed was not recorded. The third party can claim that his purchase is effective and valid because there was no notice in the public record that the property had already been deeded to another entity.

Even though there is no recording requirement for a valid and effective transfer, recording the deed to give proper owner notice in the public records provides clarity in the chain of title.

See Ellis v. Clark, 23 So. 410, 412 (Fla. 1897) (holding that delivery of a deed by the grantor and acceptance by the grantee are essential to transfer title). See also Bould v. Coe, 63 So. 2d 273 (Fla. 1953) (holding that a deed takes effect upon delivery); Jeffords v. Jeffords, 148 So. 2d 43 (Fla. 1st D.C.A. 1962) (noting that “[i]t has long been the law of Florida that it is essential to the validity of a deed of land that there be voluntary delivery of it by the grantor to the grantee or to someone on his behalf, and an acceptance thereof by him with the mutual intention of the parties to pass title to the land.”); Lance v. Smith, 167 So. 366, 466 (Fla. 1936) (holding that “[w]ithout delivery a deed may be said to be at most a mere proposition to convey. Delivery has been called the life of a deed.”); Mattox v. Mattox, 777 So. 2d 1041 (Fla. 5th D.C.A. 2001), reh’g denied, (2001).

See Fla. Stat. §695.01.