Lucas & Company, LLC

Equity Aids the Vigilant, Not Those Who Slumber on Their Rights

Lucas & Company, LLC

Marketable Record Title Act

Marketable Record Title Act – Half Day or Full Day (Nominally 4.0 or 8.0 Contact Hours)
What is the “Marketable Record Title Act” (MRTA) and what impact does it have on real property rights and title to property? Specifically, what impact does the MRTA have on rights-of-way by implication? Rights-of-way by implication arise under various circumstances and involve rights-of-way created by non-express means. The most common examples being rights-of-way by prescription and rights-of-way that exist by implication when property becomes land-locked. The “Model Marketable Title Act” is the genesis for most of the marketable record title acts that have been promulgated and adopted by various states across the country. The model act is now found in the Uniform Marketable Title Act adopted by the National Conference of Commissioners on Uniform State Law. An internet search has revealed that as many as 22 states have adopted some form of the MRTA and it would appear that many others will follow suit in the future. What, if any, impact does the MRTA have on the boundary surveyor? Maybe more than you realize. Florida’s MRTA, one of the oldest and most court tested in the country, will be studied as a guide and an example of how the MRTA does or will impact title to property and the practice of the boundary surveyor. Several Florida cases dealing with the subject will be examined and discussed in class. This program will be accompanied by a Power Point presentation.
OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.