The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.09

689.09 Deeds under statute of uses.—By deed of bargain and sale, or by deed of lease and release, or of covenant to stand seized to the use of any other person, or by deed operating by way of covenant to stand seized to the use of another person, of or in any lands or tenements in this state, the possession of the bargainor, releasor or covenantor shall be deemed and adjudged to be transferred to the bargainee, releasee or person entitled to the use as perfectly as if such bargainee, releasee or person entitled to the use had been enfeoffed by livery of seizin of the land conveyed by such deed of bargain and sale, release or covenant to stand seized; provided, that livery of seizin can be lawfully made of the lands or tenements at the time of the execution of the said deeds or any of them.

History.—s. 12, Nov. 15, 1828; RS 1954; GS 2455; RGS 3795; CGL 5668.

F.S. 689.09 on Google Scholar

F.S. 689.09 on Casetext

Amendments to 689.09

Arrestable Offenses / Crimes under Fla. Stat. 689.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BREVARD COUNTY, v. C. RAMSEY,, 658 So. 2d 1190 (Fla. Dist. Ct. App. 1995)

. . . deeds, (emphasis added) The Statute of Uses in a modified form has been codified in Florida as section 689.09 . . . dry, passive trust of property has been created, the Florida Statute of Uses, Florida Statutes, s. 689.09 . . . Section 689.09 states: By deed of bargain and sale, or by deed of lease and release, or of covenant to . . . . § 689.09, Fla.Stat. (1993). . . . Chapter 737, Florida Statutes (1993), making passive trusts extinct unless created pursuant to section 689.09 . . .

CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, v. B. SCHREIBER, W., 479 So. 2d 90 (Fla. 1985)

. . . Section 689.09, Florida Statutes (1983), provides as follows: By deed of bargain and sale, or by deed . . . However, section 689.09 does not expressly require that a deed of land be supported by consideration . . . Neither sections 689.01 — .03, Florida Statutes (1977), nor section 689.09 for that matter, contain any . . .

In M. REBHAN, CHRYSLER CREDIT CORPORATION, a v. M. REBHAN,, 45 B.R. 609 (Bankr. S.D. Fla. 1985)

. . . Accordingly, the defendant’s debt to Chrysler Credit in the amount of $68,-689.09 is nondischargeable . . .

S. KINGSLAND C. L. C. v. GODBOLD,, 456 So. 2d 501 (Fla. Dist. Ct. App. 1984)

. . . Consideration is required to raise a use by bargain and sale, which is then executed by virtue of section 689.09 . . .

SESSA v. SIMBARI, 5 Fla. Supp. 2d 25 (Fla. Cir. Ct. 1982)

. . . not require the trustee to discharge any affirmative duties and, pursuant to the Statute of Uses, F.S.689.09 . . . Uses and remaining most viable in modern Florida jurisprudence as the result of the passage of F.S. 689.09 . . .

SALTZMAN P. v. N. AHERN,, 306 So. 2d 537 (Fla. Dist. Ct. App. 1975)

. . . foregoing principles, particularly in view of the statutory mandates contained in F.S. 689.02, 689.03, 689.09 . . .

A. R. CARVER AND A. R. CARVER, AS EXECUTOR OF THE ESTATE OF KATE W. CARVER, DECEASED v. THE UNITED STATES A. R. CARVER, AS ALLEGED TRANSFEREE OF ASSETS OF CHASE NATIONAL COMPANY, INC. v. THE UNITED STATES, 188 Ct. Cl. 202 (Ct. Cl. 1969)

. . . a dry, passive trust of property has been created, the Florida Statute of Uses, Florida Statutes, § 689.09 . . .

A. R. CARVER A. R. W. v. UNITED STATES A. R. CARVER, v. UNITED STATES, 412 F.2d 233 (Ct. Cl. 1969)

. . . a-dry, passive trust of property has been created, the Florida Statute of Uses, Florida Statutes, § 689.09 . . .

W. B. CLEMENT W. v. CHARLOTTE HOSPITAL ASSOCIATION, INC. a, 137 So. 2d 615 (Fla. Dist. Ct. App. 1962)

. . . . § 689.09 F.S.A. when the corporation was formed and the hospital constructed. . . . J., and SMITH, J., concur. . “689.09 Deeds under statute of uses. . . .

OMWAKE v. OMWAKE, 70 So. 2d 565 (Fla. 1954)

. . . . § 689.09, F.S.Á. will not execute the trust but' equity may. . . .

CLYDE H. SIMPSON, v. R. L. BOHON,, 159 Fla. 280 (Fla. 1947)

. . . suggested that we hold the legal title to be vested in the corporation because of the Statute of uses, Sec. 689.09 . . .

UNITED STATES v. WHITING MILK CO., 21 F. Supp. 321 (D. Mass. 1937)

. . . . $708.00 Ahgust 16 to 31, 1937 ............. 739.77 September 1 to 15, 1937........... 689.09 September . . . 1937............. $708.00 August 16 to 31, 1937............. 739.77 September 1 to 15, 1937........... 689.09 . . .