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How to Access Property Records in Florida

Destin and Miramar Beaches Florida

If you own property in Florida or are interested in buying or selling Florida property, understanding how property records affect you will be handy. Dozens of property records impact you, your home, and the public view of you.

Florida property records are public, and anyone can review them. That is why you must know what your property records say about you and that they are accurate.

Because property records are public records, anyone can search for them without a reason. You have many available options when searching for property records. Some of the most common and most effective are government sources and commercial.

Government Sources

With most of the world digitized by now, many county clerks' offices have property records online, and the public can search through these websites. You can also check out the county appraiser's office or tax assessor's office website. You may find some of what you need in online court records. You could visit the county courthouse or county clerk's office to ask for copies of records.

Much of the U.S. is steeped in rich history. Property records can show information going back to when a piece of property was first owned. Some records may show that famous people owned specific properties. Historical properties may be subject to strict rules and must be maintained according to the historical society guidelines.

Online

Below are links to all the Florida county websites to search for public property records:

In Person

You can also visit the county courthouse, county clerk's office, or tax assessor's office to review records and request copies. Depending on how busy they are, they may charge a fee, and you might have to wait. You can also use the official county website to search for records.

To visit the county office in person, use this list to find the location and office hours.

Commercial Sources

Commercial services make it easy to find property and related records quickly and easily, saving you a lot of time. You may also receive access to records beyond what is present in public records when signing up. PropertyChecker.com offers nationwide property searches. Using PropertyChecker, you can search by property address, parcel ID, owner's name, phone, or email, and you can save time by running unlimited statewide or local searches 24/7. Instead of visiting multiple websites or running around to local government offices, you can find all the data points you need in one comprehensive report.

What Information Can You Find in Florida Property Records?

Property records are a diverse group of documents containing vast information. Some of the things contained in property records include:

  • Liens
  • Tax Records
  • Ownership History
  • Mortgage / Loan Records
  • Foreclosures
  • Plat Maps
  • Easements / Conveyances
  • Property Details
  • Zoning
  • Building Permits
  • Boundary Lines
  • Assessed Values
  • Deeds
  • And More!

The list above is only partial; you can find many other pieces of information in property records.

What Are Property Records?

What Are Property Records?

Property records are public documents that anyone can access to learn about a piece of real estate. They are helpful before buying, selling, or investing in real estate. The records are legal documents showing land ownership, sales history, ownership history, and tax information.

Florida property records include extensive information about the property itself and its current and historical owners. The records are diverse, covering everything from land size and value to tax assessments, appraisals, mortgages, and legal issues affecting the land.

Types of Property Records in Florida

Florida public records include many different types. Those that deal specifically with property include:

Deeds and Conveyance Records

Deeds prove property ownership and conveyance. They include the owner's name and address along with the seller's name and address. The deed consists of language that explicitly conveys ownership from one person to another. The deed will also show mortgages, liens, restricted use, and easements.

Property Tax Records

Property taxes in Florida also provide a lot of information. They detail the area's property type, size, buildings, zoning, and tax rate. Property tax records can also highlight ownership history, any foreclosures on the property, and tax assessments showing increased or decreased value over time.

Property Liens and Encumbrances in Florida

Property records show many things, including encumbrances and liens. An encumbrance is something that burdens the property, such as a "right of way" or a lien. Liens are public records that will appear in property record searches. Mortgage liens may not adversely affect the owner, but judgment, tax, and mechanic's liens will. All liens must be resolved before the property can be sold.

Liens appear on many different property records. Although the public expects to see a mortgage lien on a property, finding mechanics, judgment, or tax liens is more unusual. Liens can make buying and selling property difficult, reduce its value, and damage the reputation of the current owner.

Some of the different types of liens you may find in public property records include:

Voluntary Liens

Voluntary liens are those over which you have control. For example, when you use your house as collateral when you take out a loan, you allow the lender to put a lien on the property until the loan is paid off. Even though they are voluntary, they can lead to foreclosure and the loss of your home.

  • Mortgage Liens - Whenever someone buys property with a mortgage, the lender imposes a lien on the deed. If the homeowner fails to repay the loan, the lender can seize and sell the property to recover the money. Other types of liens, such as mechanic's, judgments, and tax liens, may also appear in property records.

Involuntary Liens

Involuntary liens are those over which you have no control. They are imposed because of a debt you owe. There are three types of involuntary liens. They are as follows:

  • Mechanic's Liens - Called a construction lien in Florida, a mechanic's lien is a tool used by contractors, subcontractors, and laborers to force the owners of a piece of property to pay them for completed work. The contractor must follow a very strict process to impose a lien. The lien is only good for one year, and the contractor must file a lawsuit within that time or risk losing their money.
  • Tax Liens - Whenever a property owner fails to pay the taxes, the local county tax assessor's office can impose a lien on the property. If the homeowner ignores the lien, the tax official can eventually foreclose on the home and sell it at auction to pay off the tax debt.
  • Judgment Liens - Creditors can impose judgment liens on property when the homeowner does not pay them. These liens will stay on the property for five years. The creditor has the right to renew it once for another five years (a total of ten years). They must file a lawsuit against the homeowner to ensure they get paid. If the home is sold, they will be paid from the proceeds.

Easements and Covenants

An easement on a property is a legal right to enter or use the property without the owner's consent. An example is power lines installed and maintained on personally owned property.

Covenants dictate how the land can be used. For instance, condo associations usually have strict rules (covenants) about how owners can use their property or common property. For example, unit owners might be unable to decorate their condos outside with holiday decorations or lights.

Plats and Surveys

Plats and surveys show borders around the property. Plats show the boundaries of several neighboring properties, while surveys show only the boundaries of a specific property. Both are used to resolve boundary issues between owners.

Property Descriptions and Boundaries in Florida

Florida boundary lines outline a piece of real property and validate the legal ownership. You will see a detailed description of the property in many property records. They show up in deeds, appraisals, assessments, and other documents. The property description differentiates the property from others and makes it easy for someone to identify it clearly. The description is a legal piece of information.

Surveys and land maps are often used to resolve boundary disputes. Boundary disputes are common where one person believes their land extends beyond the actual boundaries into another person's land. The courts become involved, and surveyors may perform an official land audit to determine the legal property lines.

Florida Statutes § 177.28(1) determines how the courts will resolve boundary issues and disputes. Interestingly, judges sometimes use the "doctrine of acquiescence" to resolve boundary disputes in Florida. It works like this: If two neighboring property owners treat a boundary line as the actual boundary line for a specific amount of time, then that becomes the legal boundary line. They have consented to that boundary line, even if surveys show it is inaccurate. A judge can overrule it and use the factual boundary line or the acquiesced line.

Foreclosures

Foreclosure is when a government agency or lender seizes and sells the property due to unpaid taxes or a loan. It's important to know if a property is under foreclosure because, in Florida, the homeowner has two years to reclaim it and pay off the debt. You don't want to purchase a home in Florida and then have the owner repurchase it, and you lose the house.

Understanding Property Ownership in Florida

Nothing is quite as lovely as owning your own home. Florida deeds prove home ownership. They link each property with its owner and historical owners. When searching for property records, you can trace the ownership all the way back to the first sale if you look hard enough.

Property owners are listed on many property records like deeds, liens, foreclosures, tax bills, appraisals, assessments, building permits, property insurance records, and more. Identifying a property owner using one or many of these resources is pretty straightforward. Try an online search to see what comes up. You will most likely see at least a few of the previous owners, if not the current one.

Ownership History Records

Whenever a property changes hands, there is a paper trail. That trail consists of purchase and sales agreements, deeds, liens, and other documents that outline who purchased what property from whom. Public records can piece together the entire ownership history from the first owner to the current owner. It may take a little digging, but it can be done.

What is a Chain of Title?

A chain of title refers to the entire ownership history of a piece of property. There should be no gaps at any time; someone has always owned the property. However, title searches sometimes reveal a broken chain of title.

Buying and Selling Property in Florida

Buying and Selling Property in Florida

Public property records come in handy when buying or selling real estate. You can find out a lot of information by doing a little research. Some of the most common uses for property records in real estate transactions are as follows.

Before buying any property in Florida, perform your due diligence by thoroughly researching it and looking for any title issues, breaks in the chain of title, liens (other than mortgage liens), foreclosures, or boundary and other legal disputes.

It makes sense to find out how the value of the property and the value of other properties nearby have changed over time so you don't overpay. You can also review plats and maps and see the property boundary lines before placing your offer.

When selling a property in Florida, you must disclose certain information to potential buyers. These include failing or disabled systems (HVAC/plumbing/electrical) and whether the house has asbestos or lead paint. These disclosures will appear in historical records from assessments, appraisals, and inspections.

Title insurance in Florida is an essential factor in buying a house. Title insurance protects the buyer from purchasing a home with title defects and protects the lender well after closing if any title defects emerge. During the home-buying process, the title company performs a thorough title search, looking for any restrictions, encumbrances, and other legal claims on the property that may pose a problem during the sale. Title insurance costs very little, but the protection is well worth it.

Why Property Values Are Important in Real Estate Transactions

One of the most common uses for property records is to track the value of a piece of property to see if it is a good investment. Comparing sales of similar homes in the area can provide a good base of assumption about the value.

Properties are valued through tax assessments and property appraisals. Each tackles the task slightly differently but uses industry-accepted property valuing methods. Most often, appraisals are used in real estate transactions to ensure that the value supports the loan. Tax assessors use assessments to determine the property's tax rate.

Fair market value (FMV) fluctuates with the economy. Property records in Florida can show you how the value of a specific piece of property has changed over time, giving you insight into when to buy.

Maintaining and Amending Florida Property Records

Whenever an event occurs, such as the purchase or sale of real estate, the responsible party must file the paperwork with the county clerk's office quickly for it to become legal. Sometimes, you must pay a fee when recording documents.

Despite everyone's efforts to be accurate in property records, they may contain errors. There are also situations where the information in property records needs to be updated.

If you notice an error on one of your property records, for example, the deed to your home, you can correct it by contacting the county clerk's office. You may need to supply them with source documents to prove the error and verify the change. You might also have to visit the courthouse or other government offices to change additional documents.

Sometimes, property records need to be altered due to legal events. For example, if a homeowner wills a piece of property to children, the documents, such as the deed, need to change to reflect the new owners.

If you get married or divorced and your name changes, you will want to update the deed to your home and other property records. You must supply the county clerk's office with the marriage or divorce certificate to validate the change.

When someone dies, their property will be transferred to their heirs. Along with it, the deed and other accompanying documents must be changed. You can bring the death certificate to the county clerk's office where the property resides to make a change. You may also have to get a copy of the will proving new ownership.

The Role of the County Clerk's Office

Duval County Courthouse Jacksonville Florida

Florida does not have a registry of deeds. Instead, deeds and other property records are recorded, filed, and stored by each individual county clerk's office. Some are kept at the county courthouse. You can find tax records with the county tax assessor. Realty and title companies also possess mountains of property records.

How to Ensure Data Privacy for Property Records

Property records are public records, and anyone can access them freely. You can visit government offices to request copies by filling out a form and paying a fee or find them online through various repositories and informational resources.

You cannot always remove your personal information from public records. A lot of your personal information may be contained in public records. If you want to preserve your privacy and prevent identity theft, you can contact the offices that keep property records and have them redact or remove any private information. Contact website owners and make a formal request that they, too, remove any of your personal details.

Property records are public to ensure government transparency and protect the people. People have the legal right to know who owns a property and its details. This information is beneficial during real estate transactions.

Florida Property Records
  • 4300 Biscayne Blvd. Suite 203,
    Miami, FL 33137
  • (850) 726-3424

Instant Access to Florida Property Records

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